Family Of Person Who Died In Police Custody Approach Calcutta HC For Video-Graphed Post Mortem, Allege Custodial Torture

The Calcutta High Court on Thursday heard mentioning of a plea by an advocate, alleging foul play in the custodial death of a man who was called for questioning by the Kolkata Police, to Amherst Street Police Station, yesterday.

A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were told that within a few hours of the man being called for questioning, his family was informed that he had passed away at the police station.

“Milords, the body is with the police, the family claims torture by the police. They wanted to see the CCTV but the police refused. The family insists that the post mortem be done under videography,” it was submitted.

Upon hearing the claims made by the counsel, the Court directed for a formal petition to be filed before the Registry, in order for the Bench to take up the same tomorrow.

Later during the days proceedings, the Advocate for the petitioners informed the Bench that while the petition had been filed, the police seemed in a 'haste' to carry out the post mortem today.

"The police authorities are in a haste to do the post mortem today. I have annexed a letter which they have sent to the family...they want to do it without the presence of the family. I had words with the officer-in-charge of the police station," it was submitted.

Public Prosecutor submitted that the family of the deceased had been informed but refused to be present, and that no copy of the writ petition had been served upon it.

Upon hearing the parties, the Bench observed:

"Its very difficult to go and witness a post mortem. Especially when your kith and kin is on the table. It is very easy to argue but its very sensitive. What emotional trauma. Now third-parties are hijacking the proceedings. Alright, serve a copy and we'll take it up tomorrow. We can't simply be doing these things [passing orders on conduct post mortems] , of course, we have dealt with the matter in IIT Kharagpur."

The bench was further informed that the age of the deceased was 40 years, and he had no medical history.

Case No: WPA(P) 579 of 2023

Case: Priyanka Tiberwal Vs. The Union of India & ors.

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