The family of Ulen Roy, the BJP supporter who died of pellet injuries during the party’s protest march in Siliguri on December 7, will file a petition on his second post-mortem at Calcutta High Court circuit bench here on Monday.

The saffron party has been claiming that Roy died and some others were wounded by pellets fired by police. The police have denied firing pellets.

Soujit Singha, the lawyer representing Roy’s family, said: “As the issue of Ulen Roy’s second post-mortem is indecisive, we will move Calcutta High Court.”

On Friday, the district and sessions court here rejected a December 8 order of the chief judicial magistrate’s (CJM) court for Roy’s second post-mortem. But the court also directed the CJM court to hear the state and petitioner — Roy’s sister Santibala had petitioned for a second autopsy — during the next three days.

Singha, also district convener of BJP’s legal cell in Jalpaiguri, said they would also petition for a CBI probe on Roy’s death and other incidents.

On Saturday, the BJP MP of Jalpaiguri Jayanta Roy took eight party supporters from Jalpaiguri and Cooch Behar at the North Bengal Medical College and Hospital (NBMCH). All were injured by pellets, MP Roy said. “We found nine more supporters hit by pellets that police fired at our men (during the march). On Saturday, eight of them went to NBMCH... Some have developed orthopaedic complications,” he added.

Trinamul leader and minister Gautam Deb said Ulen Roy’s death was unfortunate but the BJP was doing politics over his death.