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(2021) Law Today Live Doc. Id. 16263
Decided on: 18.06.2021
For Petitioner(s):
Ms. Ishma Randhawa, Adv. Mr. Azmat Hayat Amanullah, AOR Mr. Dhananjay Grover, Adv. Mr. Nishant Awana, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Death and postmortem at Kolkata – Re-postmortem of dead body at Punjab – Petition for – Maintainability of -- Inherent power of Punjab and Haryana High court – Jurisdiction of -- Petitioner’s son alleged to have been killed in a police encounter -- Petitioner alleges that his son had mercilessly been tortured to death under the guise of a fake encounter – High Court dismissed the said petition u/s 482 Cr.P.C., since the petitioner’s son had died in Kolkata, West Bengal, outside the jurisdiction of the High Court of Punjab and Haryana and post-mortem had also been conducted by the Doctors of Kolkata, West Bengal -- Serious allegations against the Punjab Police and Punjab Police is in seisin of the case -- Petitioner has alleged that the Punjab Police has resorted to manipulation of the post-mortem report – Held, High Court erred in dismissing the petition on the ground that the death had occurred in Kolkata, West Bengal and the post-mortem had been conducted in Kolkata, West Bengal -- Impugned order passed by the High Court set aside -- High Court requested to decide the petition filed by the petitioner on merits.
(Para 1-6)
ORDER
1. This Special Leave Petition is against an order dated 17-06-2021 passed by the High Court of Punjab and Haryana at Chandigarh, dismissing an application being CRM-M-23367-2021 filed by the Petitioner under Section 482 of the Criminal Procedure Code, 1973(Cr.P.C.), seeking directions on the Respondent-State of Punjab to get a second post-mortem examination conducted on the dead body of his son, late Jai Pal Singh Bhullar, at PGI, Chandigarh or any other independent medical institution. The Petitioner’s son is alleged to have been killed in a police encounter. There are serious issues of human rights involved. The petitioner alleges that his son had mercilessly been tortured to death under the guise of a fake encounter.
2. The High Court dismissed the said petition under Section 482 Cr.P.C., since the petitioner’s son had died in Kolkata, West Bengal, outside the jurisdiction of the High Court of Punjab and Haryana and post-mortem had also been conducted by the Doctors of Kolkata, West Bengal. The High Court in effect found that the grievance of the petitioner was with regard to the mode and manner of conduct of the post-mortem examination, which took place in Kolkata by the Doctors of Kolkata.
3. There are, however, serious allegations against the Punjab Police in this case. The Punjab Police is alleged to have been involved in the alleged encounter in which the petitioner’s son was killed. The dead body of the petitioner’s son has been brought to Punjab and it presently lying in Punjab. The Punjab Police is in seisin of the case. The petitioner has alleged that the Punjab Police has resorted to manipulation of the post-mortem report.
4. Having regard to the issues raised by the petitioner, we are of the view that the High Court erred in dismissing the petition on the ground that the death had occurred in Kolkata, West Bengal and the post-mortem had been conducted in Kolkata, West Bengal.
5. The impugned order passed by the High Court of Punjab and Haryana is thus, set aside.
6. The High Court of Punjab and Haryana is requested to decide the petition filed by the petitioner on merits within Monday itself i.e. 21-06-2021.
7. In the meanwhile the State of Punjab shall make necessary arrangements for proper preservation and storage of the dead body.
8. The Special Leave Petition is, accordingly, disposed of.
9. Pending application(s), if any, stand disposed of.
Order accordingly.
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