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Hyderabad doctor gangrape-murder case: HC calls for fresh post-mortem on bodies of accused

HC wants independent medical board comprising forensic experts from New Delhi to perform procedure; asks govt why it is shying away from fresh post-mortem

Published: 21st December 2019 06:55 AM  |   Last Updated: 21st December 2019 06:55 AM   |  A+A-

Gavel

For representational purposes

By Express News Service

HYDERABAD:  A fresh post-mortem on the bodies of the four accused in Hyderabad doctor gangrape-murder case appears certain. A division bench of the Telangana High Court on Friday proposed to issue an order for fresh post-mortem on the bodies (preserved at Gandhi hospital) by an independent medical board comprising forensic experts from New Delhi and then to hand over them to their families. 

The accused were killed in an alleged police encounter in the wee hours of December 6 at Chatanpally in Shadnagar, who were allegedly involved in rape and murder of Disha on November 27.  “It is for the commission appointed by the Supreme Court to find out the truth, and as far as this Court is concerned, we are confined to the aspect of ‘collection of evidence’.  The Supreme Court has directed this Court to pass appropriate orders for collection of evidence,’’ the bench noted.

Advocate General BS Prasad while opposing the proposal, told the court that Telangana has efficient forensic science laboratory (FSL) doctors and if the court wants second autopsy, it should keep in view that FSL doctors from Telangana also be a part of the forensic team from Delhi.After hearing the AG submissions, the bench said, “We are not doubting the efficiency of Telangana FSL doctors, but we want to make sure that the evidence is convincing.  The court finds no reason as to why the Telangana government is shying away from re-postmortem.”

The bench was passing these observations in a PIL taken up based on a representation received in the office of the Chief Justice by social and civil rights activists seeking judicial intervention into the alleged encounter of the  accused. The Apex Court, in its order passed in the petition filed by K Sajaya and other women activists, has directed the petitioners to approach the High Court for collection of evidence and that the high court may pass appropriate orders thereon.

When the matter came up for hearing, the bench said that the court was told that the bodies of the accused were decomposing and the hospital was finding it difficult to preserve them further. At this stage, the AG pointed out that the petitioners have not sought such a relief before the Supreme Court, hence there was no need for the high court to grant them such relief.  

The bench said that the Apex Court has directed the High Court to pass appropriate orders for collection of evidence. “Even such a relief is not being sought, it is for this court to decide how to collect that evidence. This Court in its wisdom feels that the second postmortem should be done,’’ the bench said.When the AG sought a day’s time to file counter affidavit, the bench posted the matter to Saturday. 


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