Farmer's Death During Tractor Rally : Delhi HC Directs UP Police To Give Post Mortem Video, Inquest Report & X-Ray To Delhi Police

The family alleges in its petition, filed through Navreet's grandfather Hardeep Singh, that Navreet's tractor overturned only after he suffered an ante-mortem head injury due to a bullet shot on the head by the police. The petition had therefore sought a Court-monitored probe into the incident, seeking to "know the truth" about the incident. The matter was heard by Justice Yogesh Khanna.

In a previous hearing, the court had issued notice on the matter and allowed the government of Delhi to file a detailed status report on the incident. The Standing Counsel Rahul Mehra today informed the court that the status report has been filed in the matter.

Earlier, Mehra had also stated that they would have "no hesitation" in handing over the relevant, prayed for documents, including electronic evidence to the family of the deceased.

Pursuant to the same, he today submitted that they had made several requests to the UP police in this regard following the previous court order, but they hadn't been handed over relevant reports.

He claimed to have faced non-cooperation in the process from a Superintendent of Police in the UP Police.

Appearing for UP Police and the Chief Medical Officer, Standing Counsel Garima Prashad, however vehemently denied this claim, stating, "We are ready and willing anytime to provide and have provided the inquest report, and post mortem report already."

"The only things not provided are the X-Ray plate, that is not a report, it's a plate, lying with the hospital; and the original recording of the post mortem. We are ready to provide the same anytime," she said.

Advocate Vrinda Grover, appearing for the petitioner grandfather, however, stated that she agreed with Mehra, and that they had indeed not been given due cooperation by the UP Police. She claimed that it was due to the non-cooperation of the police that a notice under Section 91, CrPC had to be issued by the Delhi Police.

In response, Prashad interjected, "The Delhi Police sent the body to us and we conducted an emergency post mortem at 2 am. We have provided all possible assistance."

S.91 CrPC provides:

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

After heated arguments between the standing counsel of UP Police on one hand, and the Petitioner's counsel and the Delhi Standing Counsel on the other hand, Adv. Vrinda referred to a judgement and argued that the post mortem report and video constitute crucial evidence in the case and were required by the family to arrive at any conclusion.

Relenting, Prashad said, "There was only a refusal so far as handing over is concerned. There was no refusal for production. If appropriate orders are passed, we have no objection to handing over."

Noting that the Chief Medical Officer (CMO) and the SP had refused to provide the post mortem video without an order, and that the UP Police had stated that there was no X-Ray report available with them, the court directed the UP Police to hand over the original post mortem video, the inquest report and the X-Ray plate to the Investigating Officer of the case tomorrow.

The matter is next posted for hearing on Mar 17.