Death in Police Custody Requires Post-Mortem: Madras High Court

Must Read

“Dismissal Without Inquiry Is Justified if Employee Did Not Prove Minimum Working Period”: Supreme Court

This case concerns the dispute relating to the termination of an employee without any disciplinary inquiry. Brief facts of the...

“Rape Victim To Be Provided Shelter Due To Media Attention Prohibited Under Section 228A of the IPC”: Supreme Court

This case concerns the petition by a rape victim for rehabilitation as she was social ostracization.  Brief facts of the...

Benefit of Probation Not Excluded by the Provisions of Mandatory Minimum Sentence Under Section 397 of Ipc

This case concerns the dispute regarding the granting of probation on good conduct to the accused under the age...

Supreme Court Asks for the Centre’s Response on PIL Filed Seeking the Formation of a Media Tribunal

The Supreme Court sought responses from the Press Council of India (PCI), News Broadcasters Association (NBA) on a PIL which sought to set up a media tribunal to tackle issues concerning the media like complaints against media, channels, and networks. Media has become like an unruly horse that has to be tamed to express the plea.

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Follow us

The petition, filed under Section 482 of the Criminal Procedure Code in Madras High Court. The case of S. Prema v. The Superintendent of Police and Ors. was filed for an interim direction for conduction of post-mortem by doctors from JIPMER hospital along with direction to SP of police for registration of case based on petitioner’s complaint on 05-11-2020. Justice Mr. T. -Ravindran heard and allowed the petition.

Facts of the Case

When petitioner’s husband went missing on 28.10.2020, she went to file a missing report, and there she was told to give 10 sovereign gold chains for the release of her husband which she did on 29-10-2020 and then on 30-10-2020 when she visited the police station on being called there, she noticed her husband was weeping as he was coerced and threatened by beating with lathis all over the body, to admit that he committed theft. There she again deposited ₹5,000.

Later when she visited her husband in jail, she noticed he was very tired and he has sustained an injury on his throat which made him unable to consume food. When he was taken to the hospital, she insisted on him being treated as an inpatient but was refused and her husband was taken back into custody. Later she was informed he is admitted again to the hospital, where she was later informed, he died. She contends that he was attacked by a DSP crime party, no proper post-mortem was done and there was tempering of evidence.

Arguments of the Parties

Respondents contend that post-mortem of the deceased was already done on 06-11-2020 in the presence of doctors, which was also video-graphed and later transferred to CB CID for further investigation. It was contended that he was taken into custody on 30-10-2020 at 10.40 am and was produced before the magistrate at 11.45 pm,  and only after the deceased was taken into remand that it was found that he was suffering from epilepsy and when he got an attack of epilepsy he was taken to hospital and he was declared dead by the doctor on duty and hence post-mortem was conducted.

Whereas Petitioner contends that her husband was taken into unlawful custody on 28-10-2020 along with proof. She also contends that her husband was abused by respondent police and hence the injuries inflicted were by police officials which caused his death. To cover all this, the post-mortem was done hastily and hence tempered the evidence. Therefore, a post-mortem should be conducted again.

Court’s Observation

The court observed that when a serious doubt has been raised with reference to the cause of death of the deceased during custody, the petitioner alleging that her husband died only due to the injuries meted out to him by the torture and abuse caused by the police officials and where respondents allege that he died due to epilepsy along with questions of unreasonable delay on producing before a magistrate, the post-mortem can be conducted again. This principle is already established in Rohini Kumar v. District Collector and Ors.

Court’s Decision

The Court left it on Judicial Magistrate to order another post-mortem with the presence of a doctor appointed by Petitioner, specifically a government doctor if it deems fit. The court also ordered respondents to allow petitioner, relatives, and an Advocate to view the body of the deceased as they would be anxious for the same.

Click here to view the full judgment


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

“Dismissal Without Inquiry Is Justified if Employee Did Not Prove Minimum Working Period”: Supreme Court

This case concerns the dispute relating to the termination of an employee without any disciplinary inquiry. Brief facts of the case The Respondent, Smt. Sureshwati was...

“Rape Victim To Be Provided Shelter Due To Media Attention Prohibited Under Section 228A of the IPC”: Supreme Court

This case concerns the petition by a rape victim for rehabilitation as she was social ostracization.  Brief facts of the case In this case, a writ...

Benefit of Probation Not Excluded by the Provisions of Mandatory Minimum Sentence Under Section 397 of Ipc

This case concerns the dispute regarding the granting of probation on good conduct to the accused under the age of twenty-one years.   Brief facts of...

Supreme Court Asks for the Centre’s Response on PIL Filed Seeking the Formation of a Media Tribunal

The Supreme Court sought responses from the Press Council of India (PCI), News Broadcasters Association (NBA) on a PIL which sought to set up a media tribunal to tackle issues concerning the media like complaints against media, channels, and networks. Media has become like an unruly horse that has to be tamed to express the plea.

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

More Articles Like This

- Advertisement -