Twisha Sharma case: Court junks kin’s plea for 2nd autopsy, orders preservation of her body
Bhopal: A Bhopal court dismissed an application moved by family of Twisha Sharma, the 33-year-old woman who died by suicide at her marital home in Bhopal’s upscale Katara Hills on May 12 night, for a second autopsy at AIIMS, Delhi. However, the court directed the authorities that her body should be preserved.
Judicial magistrate Anudita Gupta said a letter be issued to police directing them to immediately obtain information regarding “low-temperature preservation facility” in Madhya Pradesh and submit a report to the court without delay.
The body as of now is kept in the mortuary of AIIMS, Bhopal, following an autopsy conducted
The family of the deceased, who was married to lawyer Samarth Singh, son of former district judge Giribala Singh, had been demanding a second autopsy in Delhi, because of alleged lapses in police investigation and postmortem.
The court in its order, however, said that there are no major omissions or defects in the first autopsy report pointed out by the applicant, which warrants a second autopsy. The first autopsy was carried out at AIIMS, Bhopal soon after the death of Trisha Sharma.
Judge Anudita Gupta, while quoting from a Madras high court judgment, said the conscience of the court must be satisfied that there is a need for a second postmortem for the purpose of arriving at the truth. “Minor infractions of procedure will not make the court order a re-postmortem.”
Though the police told the court that it has no objection if a re-postmortem is ordered, the court said that the police have nowhere questioned the legality of the postmortem carried out at AIIMS, Bhopal. Besides, there is nothing on record which indicates any collusive or suspicious relationship of the accused persons in the case with the medical team which conducted the postmortem on the body of the deceased at AIIMS.
The court further contemplated whether it has jurisdiction to order a postmortem at AIIMS, Delhi, and said the case is registered at Katara Hills police station, Bhopal, and the applicant is seeking a re-postmortem at AIIMS, Delhi, which prima facie appears to be outside the jurisdiction of the court.
Referring to applicant seeking court direction to prevent the body from decomposition, the court said that according to police report, the body is currently kept in the mortuary of AIIMS, Bhopal, at –4 degrees, and according to the authorities of AIIMS, Bhopal, the body needs to be kept at -80 degrees. No facility is available in Bhopal for preservation of body at such a low temperature, the court was told.
The court said that a letter be issued to SHO, Katara Hills police station, directing him to immediately obtain information from medical institutions as to whether low-temperature preservation facility is available in other higher medical institutions of the state and inform the court about the same without delay.
The family of the deceased, who was married to lawyer Samarth Singh, son of former district judge Giribala Singh, had been demanding a second autopsy in Delhi, because of alleged lapses in police investigation and postmortem.
The court in its order, however, said that there are no major omissions or defects in the first autopsy report pointed out by the applicant, which warrants a second autopsy. The first autopsy was carried out at AIIMS, Bhopal soon after the death of Trisha Sharma.
Though the police told the court that it has no objection if a re-postmortem is ordered, the court said that the police have nowhere questioned the legality of the postmortem carried out at AIIMS, Bhopal. Besides, there is nothing on record which indicates any collusive or suspicious relationship of the accused persons in the case with the medical team which conducted the postmortem on the body of the deceased at AIIMS.
The court further contemplated whether it has jurisdiction to order a postmortem at AIIMS, Delhi, and said the case is registered at Katara Hills police station, Bhopal, and the applicant is seeking a re-postmortem at AIIMS, Delhi, which prima facie appears to be outside the jurisdiction of the court.
The court said that a letter be issued to SHO, Katara Hills police station, directing him to immediately obtain information from medical institutions as to whether low-temperature preservation facility is available in other higher medical institutions of the state and inform the court about the same without delay.
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