Anis Khan Murder Case: Calcutta HC Orders Second Post-Mortem; SIT To Continue Probe Under The Supervision Of District Judge

The Calcutta High Court on Thursday ordered a second post mortem in the murder case of Allah University student Anis Khan. The Court directed that the second post mortem and the investigation by the State constituted Special Investigating Team (SIT) would be monitored by a District Judge. 

The Court had earlier taken suo moto cognisance of the case after terming the incident as 'grave and shocking'. 

Justice Rajasekhar Mantha refused to transfer the investigation to an independent outside agency by observing that it is too premature to opine whether the investigation by the SIT would be appropriate or not.

Directing the SIT to proceed with the investigation with urgency, the Court further directed, 

"This Court would like to first evaluate the investigation of the SIT, the adequacy of which can only be determined thereafter. The SIT shall, therefore, proceed with urgency and expedition. It is expected that no stone will be left unturned in course of such investigation which shall be carried out in letter and spirit and by the book."

The Court further ordered that District Judge, 24 Parganas (North) Ms. Rai Chattopadhyay shall oversee the SIT investigation in general and also the second post mortem. The District Judge was also directed to examine the mobile phone of the deceased and the Test Identification parade in particular.

It was further directed that the second post mortem must be conducted after exhuming the body and the viscera should continued to be preserved by the SIT under the supervision and direction of the District Judge. 

The Court further ordered that the mobile phone should be sealed in presence of the petitioner or his representative  by the concerned Investigating Officer (IO) of the SIT and transmitted to the Central Forensic Science Laboratory at Hyderabad.

"The Director, Central Forensic Science Laboratory, Hyderabad is requested to expeditiously complete the investigation from all points of reference to the SIT and any other matter that he may find relevant for the purpose of the case. A copy of the meta-data/ digital footprint of the entire phone and its contents shall be preserved. For the said purpose a gist of the FIR along with the copy itself shall be sent to CFSL", the Court directed further. 

The Court further averred that the The District Judge shall be entitled to nominate any person of the rank of a Magistrate to be present at the time of post mortem. The post mortem and all investigations of all witnesses shall be videographed and copies should be made available to the District Judge, it was directed further. 

Justice Mantha ordered that the report of the second post-mortem should be submitted as expeditiously as possible to the SIT as well as the petitioner. All reports from the Central Forensic Science Laboratory, Hyderabad was ordered to be made available to the District Judge including all documents related to the investigation. It is expected that the investigation will not be hampered in any way and the media is requested to please bear the same in mind, the Court underscored further.

"The SIT and the State shall ensure full and adequate protection to all witnesses. The SIT shall submits a progress report before this Court two weeks hence", the Court directed further. 

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

Background 

Student activist Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022. Khan's murder has also sparked a large-scale students' protest at the Aliah University of Kolkata, where he was enrolled in an integrated five-year-long Master of Business Administration (MBA) Course. Khan also played a pivotal role in the 137-day-long protest by Aliah University students against the state government's policies.

Alleging that four persons had come to their house on Friday night donning police and civic volunteer uniforms, Khan's father has claimed that his son was pushed off the third floor of their house in Amta. Khan's family has been demanding a CBI investigation into the death.

Earlier on Wednesday, the Special Investigation Team (SIT) of West Bengal Police arrested a Home Guard personnel and a civic volunteer from Amta, Howrah in connection with the murder case.

West Bengal Police had constituted a three-member SIT on Tuesday to probe the death of a student in Aliah University. The team is led by the Additional Director General of Police of CID Gyanwant Singh. According to the state government order, the SIT will submit its report within 15 days.

West Bengal Chief Minister Mamata Banerjee had given the direction for the constitution of an SIT on Monday after protests had erupted over the murder of Aliah University student Anis Khan.

Case Title: Salem Khan v. State of West Bengal and Ors.

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