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Calcutta High Court orders second autopsy of man who died after release on bail

The post-mortem examination was conducted on July 9 and its report suggested there were injury marks at various places on the body of the deceased Abu Halder who was arrested in a criminal case

PTI Calcutta Published 12.07.24, 07:32 PM
Calcutta High Court

Calcutta High Court File picture

The Calcutta High Court on Friday ordered exhumation and a second post-mortem examination of the body of a man, whose father alleged that he was beaten up in police custody and that NHRC guidelines were not followed during the first autopsy.

The court noted that the death in this case did not take place in custody.

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The post-mortem examination was conducted on July 9 and its report suggested there were injury marks at various places on the body of the deceased Abu Halder who was arrested in a criminal case.

The petitioner, who is the father of the deceased, alleged that his son was beaten up when he was in police custody at Dholahat police station in South 24 Parganas district, resulting in his death later following his release on bail.

Praying for a thorough investigation into the death of his son, petitioner Yasin Halder claimed before the court that National Human Rights Commission (NHRC) guidelines regarding alleged custodial deaths were flouted.

The guidelines say the autopsy should be conducted by a team of at least three doctors, in presence of a judicial magistrate and a family member, but the norms were not followed, the petitioner claimed.

A prayer was made to exhume the body of the deceased and conduct a second postmortem as the NHRC guidelines were "not followed".

Justice Amrita Sinha directed that the body of the deceased be exhumed and the postmortem be conducted for the second time by Saturday.

The court noted that the deceased was buried on July 10.

She directed that a magistrate and the father of the deceased be present at the time of the second autopsy.

The court directed that the second postmortem be videographed and the footage preserved.

Justice Sinha directed that the second postmortem report be placed before the court on July 22, when the matter will be taken up for hearing again.

The petitioner stated that Abu Halder was in custody on July 2 on a complaint of theft and was alleged to have been brutally tortured by the police. He was released on bail on July 4.

On July 5, his son was admitted to a hospital because of alleged torture meted out to him in the police station and he expired on July 8, the petitioner stated in the petition.

The court also directed the superintendent of police, Sundarban police district, to ensure that the witnesses in the case are protected.

The court noted that the first postmortem was video recorded.

The prayer for the second autopsy was opposed by the state, stating that since a video recording was done, there was no requirement for doing so as of now.

It was stated that the police officer against whom the allegation was made by the petitioner had already been taken off duty and that the investigation into the death was being conducted by a DSP-ranked officer.

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