Allegation Of Custodial Death: Bombay High Court Orders Second Autopsy On The Body Of Minor

The Bench of Justice S. S. Shinde and Justice Manish Pitale directed Sir JJ Hospital authorities to conduct a second post mortem of Sachin Jaiswar, a 17-year-old boy whose family had refused to take the body until a second post mortem was done.

The family suspects that the minor, who was detained in a mobile theft case, died in police custody in the year 2018.

Court's proceedings

On April 3, the Court perused the CCTV footage of the relevant date i.e. 13^th July 2018 concerning Dharavi Police Station.

The CCTV footage was seen in the presence of the Petitioner No.1, his wife as also the learned counsel representing the Petitioners, as well as learned APP appearing for the Respondent/State and the concerned Investigating Officer, who was present in Chamber.

It ws submitted by the counsel appearing for the Petitioners that the Petitioners are insisting on 2nd post-mortem of the body of the deceased, and if the same is permitted they would then take the custody of the body of the deceased for conducting last rites.

Pursuant to this submission, the Court directed the Dean of J.J. Hospital, Mumbai to constitute a team for conducting the 2nd post-mortem of the body of the deceased.

The Court said,

"The Dean of JJ Hospital shall ensure that the 2nd a post-mortem is conducted by a team of doctors, none of whom were the members of earlier team which has conducted the 1st post-mortem."

The Court has also directed that the report of the 2nd post-mortem be submitted before the Court under the signature of the Dean of J. J. Hospital, Mumbai as soon as the 2nd post-mortem is conducted.

Further, the Court directed that once the 2nd post-mortem is conducted, the body of the deceased be handed over to Petitioner No.1 forthwith for conducting last rites.

The APP, submitted that after the 2^nd post-mortem is conducted, the body of the deceased would be handed over to the Petitioner No.1 and facility of Ambulance would be provided free of cost for taking the body of the deceased for conducting last rites.

Background of the incident

As per the media reports, the Boy's family has alleged that the policemen from Dharavi police station took him into custody in a mobile theft case and he was detained without the registration of an FIR in the case.

Further, he was allegedly brutally beaten up and tortured while in custody and when the family intervened, they were allowed to take the minor to the hospital, but there he died a few days later.

Minor's father sells vegetables for a living and he had been trying to file an FIR against the policemen involved but the post-mortem report said that the teenager had died of pneumonia. Unsatisfied with this, the family moved the High Court praying for a second post-mortem.

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