Thread by @barandbench

Supreme Court hears an urgent plea by the father of a 38 year old boy who was allegedly killed in a "staged fake encounter" and was subject to grievous torture in custody. Father seeks permission for autopsy
#supremecourt

Adv Ishma Randhawa: Petitioner was asked not to open the body packing saying it was chemically treated. when it was opened back home there were multiple injuries. when a second post mortem was sought it was dismissed and hc dismissed it on basis of jurisdiction

Justice Shah: Cannot you approach Calcutta HC

Adv Randhawa: In this case, there is a conspiracy.

Justice Shah: who is the accused?

Adv: Punjab police

Adv Randhawa: kin of the deceased has a right to get a second postmortem done

Justice Shah: where is the FIR

Adv: it was Punjab. They went to Calcutta to get the body. they are poor. they stored body in a freezer

Justice Banerjee: how will the postmortem be conducted if the body is in freezer?

Adv: lets assume there is a hypothetical post mortem. his body is black and blue and knee, arms is fallen off. this is not a simple death

Justice Shah: there will be stitches since the body was cut off

Adv: second post mortem is needed since his ribs and bones were broken. The body was not allowed to open the body in Calcutta. the father knows how police tortures.

Justice Banerjee: Deaths are in calcutta and post mortem is in Calcutta. How will punjab and haryana hc look into this. we will request calcutta high court to hear this on Monday.

Adv Randhawa: please have this body stored well since its in the fathers home freezer

Justice Shah: please have proper parties arrayed.

Adv: more the body decomposes more the evidence against police is gone

Justice Banerjee orders: This SLP is against an order dated of June 17 passed by Punjab and Haryana HC

Justice Banerjee: HC dismissed the plea seeking second post mortem on dead body of his son. it is not in dispute that the son of the petitioner was killed at kolkata in west bengal, the post mortem had taken place in kolkata.

Justice Banerjee: the Punjab and Haryana HC rightly declined to exercise territorial jurisdiction. There can be no doubt that the plea should have been moved in hc having territorial jurisdiction. it will be open to the petitioner to move calcutta hc

Justice Banerjee: we request Calcutta HC to take up the plea at the earliest preferably by Monday provided it's filed within Monday. There are allegations against authorities of West Bengal all relevant parties to be duly impleaded.

Adv: Dead body is in Punjab, its 2000 km away from Calcutta.

Justice Banerjee: then let the second post mortem be held in Punjab only

Justice Shah: we need to hear kolkata police

Justice Banerjee: why to hear them for second post mortem

Adv Randhawa: we are not impugning the first post mortem. we don't have the post mortem report how can we impugn it. numerous judgments that HC has allowed post mortem

Justice Shah: we may set aside the order today and ask High Court to consider this on merits itself.

Justice Banerjee to staff: what did I initially dictate?

Justice Banerjee continues dictating order and deletes the earlier part of her order: The plea has been dismissed on the ground of lack of territorial jurisdiction. The Son of the petitioner has been killed in an encounter in kolkata. however the body is in frozepur punjab

Justice Banerjee: The impugned order of the HC is set aside and the HC is requested to consider the matter on merits within Monday. Meanwhile, the state of Punjab shall make necessary arrangements for proper storage of dead body.
#supremecourt