'Exhume victim's body, videograph entire post-mortem': Allahabad HC allows second autopsy in Kasganj custodial death case

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Agreeing to the prayer of Kasganj custodial death case victim's father, the Allahabad High Court on Thursday directed for the second autopsy of deceased Altaf's body by a team of doctors from the All India Institute of Medical Sciences, Delhi.

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma issued directions in this regard in the plea moved by Chand Miyan (Altaf's father), who has also demanded a Central Bureau of Investigation (CBI) probe into the case.

The court said, "We, therefore, direct that the body of the deceased, Altaf shall be exhumed forthwith in the presence of Senior Superintendent of Police / Superintendent of Police, Kasganj. The body after it has been exhumed shall be sealed and immediately transported to the All India Institute of Medical Sciences, Delhi, where a post-mortem examination of the exhumed body shall be conducted in presence of a team of Doctors to be constituted by the Director of All India Medical Sciences, Delhi."

However, denying investigation transfer to the central agency, the court said, "no order is required to be passed in this regard as it is admitted to counsel for the parties that a Judicial inquiry as also a ministerial inquiry in this matter is pending consideration." But in addition to this, court issued separate directions pertaining to both inquiries.

Court stressed that at the present stage, what required consideration was the dissatisfaction of victim's father with the first post-mortem report. Court also noted that victim's father had insisted on the post-mortem being conducted outside the State of U.P. because of the alleged involvement of the police of the State of U.P.

Therefore, considering the prayers of Altaf's father, court issued directions for the second autopsy adding, "Needless to say, the entire process of unsealing and post-mortem and the subsequent sealing if any of the body, shall be videographed. High resolution still photographs of the body at various stages of the examination shall also be taken and preserved."

The said video footage and photographs have been asked to be made in three copies of which one shall be transmitted to the High Court while the remaining two shall be placed on record of the judicial and ministerial inquiries, which are pending yet.

Furthermore, noting that as regards the judicial inquiry, by February 10, 7 of the 36 witnesses had been examined and two out of the remaining witnesses were to be examined on that day, court directed the concerned judicial officer to to expedite the proceedings and to take them to their logical conclusions as expeditiously as possible.

Regarding the ministerial inquiry court noted that as directed, the status report had not been submitted. Therefore, court directed the Magistrate concerned to proceed with it expeditiously and to bring it to its conclusion expeditiously preferably within a period of four weeks from the date of receiving copy of the order.

Directing thus, the court posted the matter to be listed after four weeks. 

Case Title:Chand Miyan v. State of UP and 5 Other