The Madras High Court said on Friday that the two doctors - Dr K Thangaraj, Prof and HOD of Forensic Science, SRM Medical College, and Dr Sampath Kumar, Prof and HOD of Forensic Medicine, Sri Ramachandra Medical College - appointed by it earlier, were at variance in the manner in which Dalit boy E Ilavarasan’s death might have been occasioned.
“In these circumstances and at the cost of repetition of our views informed in our earlier order dated July 10, we firmly express that we do not find any reason to suspect any wrongdoing in the conduct of the first post-mortem. Even so, when two experts appointed by us are at variance, it only would be appropriate to permit a second post-mortem,” the High Court bench said adding “the course we are adopting is not to be seen as any blemish upon the State.”
During the course of argument, counsel for the petitioner submitted that it was absolutely necessary for a doctor of their choice and preferably Dr V Dekal, Associate Professor, Saveetha Medical College, to be present in the course of the second post-mortem. Advocate NGR Prasad contended that permitting it would advance social justice. Another advocate S Prabakaran sought to have the presence of another forensic expert Dr Chandrasekaran. However, the Public Prosecutor argued that there was no justification for ordering the second post-mortem.
“On consideration of rival submissions, we are of the view that it is important to exclude such doctors, who thus far have informed a position and view on the matter. It is also necessary that the second autopsy be conducted by a team of doctors who are independent and neutral,” the bench said and gave the directions.
Meanwhile, the bench has directed the Dharmapuri Collector to consider the application of VCK leader Thol Thirumavalavan to participate in the funeral of Ilavarasan and pass orders after taking into consideration the current situation. Meanwhile, 15 persons, all friends and relatives of Ilavarasan, including advocates Rajanikanth and Sengodi, were granted interim bail. “If they want to take part in the funeral, they could give a representation to the Collector,” the bench said.