Madras HC orders re-postmortem in alleged custody torture case

MADURAI: Observing that it is not proper to conduct postmortem during the night hours, the Madras high court on Thursday directed the Tirunelveli medical college to conduct re-postmortem of a farmer, who died due to alleged custodial torture by the forest officials in Tenkasi district.
The court was hearing a petition filed by Palammal of Vaagaikulam, who sought a CB-CID probe into the death of her husband, Anaikkarai Muthu, 70. The petitioner in her miscellaneous petition sought to conduct re-postmortem.
The grievance of the petitioner is that the postmortem was conducted in the night hours by violating the norms. Since the case is a sensitive custodial death, there was no urgency to conduct it during the night.
Justice R Pongiappan said that a judgement delivered by a division bench of this court in 2019, held that if night postmortems are permitted, there may be a chance for miscarriage of justice and also it would lead to confusion over the cause of death. The judge further observed that Volume I of the Tamil Nadu Medical Code also says that completing the postmortem in the night hours is not advisable.
Citing as to why the postmortem should be conducted within the presence of sunlight and not during night, the judge said the colour of the injury in artificial illumination appears purple rather than red, and there is no mention of purple injury and wound as per forensic science.
The judge, however, said that in some emergencies and special occasions such as terrorism or urgent events like disasters, doctors perform postmortem during the night and evening time. In the present case, the reason stated by the authorities that the postmortem was performed during the night to avoid law and order problem, does not have any substance, said the judge.
Hence, the judge directed the head of the forensic medicine and associate professor of the department at Tirunelveli medical college to perform the re-postmortem along with another expert - head of the forensic department at Tuticorin medical college, as requested by the petitioner. The judge said the team of doctors can perform the postmortem between the time gap of sunrise and sunset and the same should be videographed.
Since the objection of the petitioner was only on the apprehension expressed in the petition, the judge directed her to accept the body as her grievances are redressed by passing this order and disposed of the miscellaneous petition.