Hubballi case: Karnataka HC directs State government to follow Supreme Court’s guidelines for deaths in police encounters

The High Court of Karnataka on Tuesday directed the State government to follow scrupulously guidelines issued by the Supreme Court in 2014 regarding the deaths of accused persons in police encounters, in the Hubballi case. This was the case in which a 35-year-old man, who is accused of allegedly murdering a 5-year-old girl after sexually assaulting her, was shot dead while he was in police custody.

A Division Bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind issued the direction while hearing a PIL petition filed by People’s Union of Civil Liberties (PUCL), Karnataka.

Raising doubts about police claims on the encounter death, the PUCL had sought preservation of body of Ritesh Kumar, a migrant worker from Bihar, while expressing apprehension that his body was likely to be cremated. The petitioner also pointed out the guidelines issued by the apex court in PUCL vs. State of Maharashtra, in 2014.

‘Not well placed’

However, the Bench termed as “not well placed” the petitioner’s claim that the dead body of the accused would be cremated, as the State Advocate General told the court that that body of an accused person, who dies in police encounter is permitted only to be buried as per the norm as the body may require to be exhumed for investigation at a later stage.

The A-G pointed out to the Bench that a First Information Report (FIR) has already been registered and the investigation has already been handed over to Criminal Investigation Department (CID) in terms of the apex court’s guidelines while making it clear that the government is bound to follow the apex court’s guidelines in this case.

Also, the A-G told the court that question of disposing the dead body does not arise in this case as the post-mortem was not done as the body is yet to be identified by his parents or any relatives as per the norm. The A-G also said that the authorities will preserve sample of parts of the body, if taken for analysis, for investigation purpose.

Meanwhile, the Bench adjourned further hearing on the petition till April 24 while directing the government to set up a panel to conduct postmortem and videograph inquest as per the apex court’s guidelines.