Calcutta High Court Orders Videographed Post Mortem Of Dead BJP Worker In Presence Of CJM, Grants Police Protection To Kin

The Calcutta High Court on Friday directed that the post mortem examination of deceased BJP worker Arjun Chowrasia should be conducted at the Command Hospital, Kolkata by a team of experts and in the presence of Chief Judicial Magistrate, South 24-Parganas. Videography of the post-mortem examination was also ordered to be conducted. 

According to reports, the deceased, identified as Arjun Chowrasia, was found hanging inside a building in North Kolkata's Ghosh Bagan area. He was a functionary of the BJP Yuva Morcha.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition seeking judicial intervention into the incident of unnatural death on allegations of foul play. 

Priyanka Tibrewal, BJP leader and counsel appearing for Chourasiya's family had moved the High Court seeking a stay on the State conducted autopsy. She further asked for the investigation to be conducted by an independent agency by averring that there is no faith in the State police authorities. 

During the proceedings, the Court was informed by the State that the body of the deceased has been kept in the R.G. Kar Medical College and Hospital and that post-mortem can be performed by the expert team headed by the Department of Forensic Science of that Hospital and videography of the post-mortem can be done.

"Having regard to the circumstances which have been disclosed before us, we are of the opinion that the post- mortem of the body of deceased Arjun Chaurasia should be done at the Command Hospital which is stated to be only 5-6 kilometers away from R.G. Kar Medical College and Hospital", the Court ordered. 

Directing the Head of the Command Hospital to constitute a team of experts for conducting the post mortem examination, the Court underscored further, 

"The Head of the Command Hospital will constitute a team of experts for the purpose of the said post-mortem and at the time of post-mortem, expert from AIIMS, Kalyani as also the Head of the Department of Forensic Science, R.G. Kar Medical College and Hospital can remain present. The CJM, South 24-Parganas will also remain present at the time of the post-mortem. The videography of the post-mortem will be done."

The Court further ordered the Commissioner of Police, Kolkata to ensure that the body of the deceased is shifted from R.G. Kar Medical College and Hospital to the Command Hospital safely. The post-mortem examination was also ordered to be conducted as expeditiously as possible.

Granting police protection to the kin of the deceased, the Court ordered, 

"The Commissioner of Police, Kolkata is also directed to ensure that proper police protection is provided to the family members of the deceased."

It was alleged that the deceased was found hanging in a manner that his legs were touching the floor and that it is a case of murder whereas the police authorities are trying to project it to be a case of suicide. It was contended further that the incident took place at the instance of the hooligans associated with the ruling TMC party. 

The Court was also apprised that the police authorities are pressurizing the family members of the deceased to perform the post-mortem and trying to establish the case as a suicide instead of homicide. It was also contended that the body of the deceased was dragged by the police and the family members of the deceased were beaten up by lathi charge. The Court was also informed that  the police atrocities have been done at the instance of one of the MLA of the ruling party in the State.

During the proceedings, the counsel appearing for the petitioner submitted that the deceased is a victim of post-poll violence and that pursuant to the earlier orders of the Court, he had returned to his house and thereafter the incident had taken place. It was further submitted that the deceased has been missing since yesterday evening and that his phone was unreachable following which a police complaint had been filed. However, it was alleged that no attempt had been made by the police authorities to trace out the deceased and subsequently his body was found hanging in a room of a Railway Quarter.

Taking note of the apprehension expressed by the petitioner, the Court recorded in the order, 

"A serious apprehension has been expressed by learned counsel for the petitioner that in the aforesaid factual background there is every possibility that the post-mortem may not be done in the proper manner and attempt may be made to destroy the evidence".

It may be noted that the Court last month had constituted a three member committee to conduct an enquiry into the allegation that over 303 victims have been displaced due to the post-poll violence in West Bengal that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021.

The petitioner also made a reference to an earlier order of the Court wherein with respect to the murder of one Abhijit Sarkar, Vice President of Bharatiya Mazdoor Trade Union Council in District Kolkata, a direction was issued for second autopsy from a team of doctors constituted by the Head of Command Hospital, Kolkata. Accordingly, a similar directions was prayed for. 

The matter is slated to be heard next on May 10. 

Case Title: Amrita Pandey v. The Union of India and others

Case Citation: 2022 LiveLaw (Cal) 160

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