Madras High Court
Anju vs The Home Secretary on 29 May, 2024
WP NO.13141 OF 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.05.2024
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
W.P.NO.13141 OF 2024
AND
WMP NOS.14284 AND 14289 OF 2024
Anju ... Petitioner
Versus
1.The Home Secretary
Office of the Home Secretary
Govt. of Tamil Nadu
Secretariat, St. George Fort,
Chennai – 600 009.
2.The Director General of Police
Office of the Director General of Police
Head of Police Force
Govt. of Tamil Nadu
Dr. Radhakrishnan Salai, Mylapore,
Chennai – 600 004.
3.The Director of Medical Education
Directorate of Medical Education
162, Periyar E.V.R. High Road,
Kilpauk, Chennai – 600 010.
4.The Inspector General of Police
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WP NO.13141 OF 2024
Office of the Inspector General of Police
North Zone
Chennai – 600 016.
5.The Deputy Inspector General of Police
Office of the Deputy Inspector General of Police
Villupuram Range, Villupuram – 605 602.
6.The District Collector
Office of the District Collector
Villupuram – 605 602.
7.The Superintendent of Police
Office of the Superintendent of Police
Villupuram – 605 602.
8.The Dean
Office of the Dean
Villupuram Govt. Medical College Hospital
Villupuram – 605 601.
9.The Deputy Superintendent of Police
Office of the Deputy Superintendent of Police
Villupuram Police Sub Division, Villupuram – 605 602.
10.The Inspector of Police
Villupuram Taluk Police Station, Villupuram – 605 602.
11.The Inspector of Police
Villupuram West Police Station, Villupuram – 605 62.
12.The Joint Director
Medical and Rural Health Service
Villupuram Public Government Hospital
Villupuram. ... Respondents
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WP NO.13141 OF 2024
For Petitioner : Mr.Henri Tiphagne
For Respondents : Mr.S.Udayakumar
2,4,5,7,9,10 & 11 Government Advocate (Crl. Side)
ORDER
The learned Pubic Prosecutor filed a memo dated May 25, 2024 before this Court seeking clarifications regarding the order of this Court dated May 17, 2024 made in W.P.No.13141 of 2024. Considering the nature of the matter and the urgency involved, this Court decided to hear the matter today. To be noted, this Order shall be read as part and parcel of the previous order dated May 17, 2024 made in W.P.No.13141 of 2024.
2.Mr.Udayakumar, learned Government Advocate (Criminal Side) appearing for the respondent Nos.2, 4, 5, 7, 9, 10 & 11 is physically present. He submits that, as per the Order of this Court, the body of the deceased was exhumed and re-postmortem was performed on May 22, 2024 following the norms and directions laid down in Santosh Vs. District Collector, Madurai [W.P.(MD).No.12608 of 2020 dated 02.12.2020, updated on 28.02.2023]. Now, the body is kept in the mortuary at Government Villupuram Medical 3/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 College and Hospital, Villupuram. Further submits that, on receipt of the re- postmortem report, the petitioner has not given any representation in writing that she intends to move High Court. Hence, Memo No.C1/2026367/2024 dated May 23, 2024 was issued calling upon the petitioner to provide in writing whether she intends to move High Court or not, for which, the petitioner replied that she can't say anything in advance and that she needs to consult her lawyers and doctors about the re-postmortem report. Further, the petitioner insisted to handover the body for rituals. In these circumstances, he prays to pass suitbale order for reinterring the body of the deceased.
3.Mr.Henri Tiphagne, learned counsel for the petitioner has appeared before this Court through the virtual mode. He submits that re-postmortem was performed on May 22, 2024 and a copy of the postmortem report has been furnished to the petitioner. He further submits that the petitioner had requested the respondents 6 & 8 to hand over the body of the deceased to her for reinterment / re-burial. The respondents 6 & 8 have not acceded to the request of the petitioner. Further, no copy of the memo filed by the leanered Public Prosecutor was furnished to them. Hence, the petitioner filed 4/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 W.P.No.14473 of 2024 and the same is listed today as item No.419 before Hon'ble Mr.JUSTICE S.SOUNTHAR. Further submits that, as per law, the 8 th respondent is obliged to hand over the body to the petitioner. But the 8 th respondent has not done so. Further, he also submits that, deployment of policemen in the burial ground during reinterment would create a hositle and unpleasant atmosphere for the petitioner and her family. Accordingly, he prays for direction of this Court to the respondents 6 & 8 to hand over the body of the deceased to the petitioner for reinterment in a dignified manner.
4.Heard on both sides. The deceased's body was burried by the petitioner and her family members as per their customary practice after performing rituals. As per the Order of this Court, the body of the deceased – Raja was exhumed by the District Collector, Villupuram and re-postmortem was performed. Considering the facts and circumstances of this case and the submissions made on either side, this Court is of the view that, it is appropriate for the District Collector, Villupuram to reinter the body of the decessed – Raja. The District Collector shall avoid deploying policemen inside the burial ground unless exigency arises. Needless to mention here that 5/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 the deceased person has right to a decent and timely burial / cremation. To be noted, this is a one-off case and shall not be treated as a precedant. Accordingly, this Court is inclined to pass the following directions:
(i)The 8th respondent is directed to hand over the body of the deceased - Raja to the 6th respondent. The 6th respondent / District Collector, Villupuram, is hereby authorized to take appropriate steps to reinter the body of the deceased - Raja at Mukthi Burial Ground after due intimation to the petitioner / legal heirs of the deceased – Raja.
(ii)The body of the deceased shall be reinterred before evening 06.00 p.m of May 30, 2024.
(iii)Only 12 persons from the petitioner's side including the petitioner, are permitted to attend the reinterment.
(iv)The petitioner or the family members are at liberty to perform rituals at the burial ground if they so desire, subject to the condition that the same shall be concluded within two (2) hours.6/10
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(v)The petitioner / legal heirs are directed to co- operate with the District Collector, Villupuram, to carry out this order smoothly.
(vi)It is made clear that this direction is issued considering the facts and circumstances of this case and it shall not be treated as a precedent.
(vii)The District Collector, Villupuram, shall file a report in this regard after reinterment.
(viii)Registry is directed to post this matter on June 03, 2024 at 13.45 hours under the caption 'for reporting compliance'.
29.05.2024
Index : Yes
Internet : Yes
Neutral Citation : Yes
Speaking order : Yes
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Note:
1) Issue order copy today.
2) Registry is directed to forthwith upload this order in the official website of this Court.
3)All concerned to act on this order being uploaded in 7/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To
1.The Home Secretary Office of the Home Secretary Govt. of Tamil Nadu Secretariat, St. George Fort, Chennai – 600 009.
2.The Director General of Police Office of the Director General of Police Head of Police Force Govt. of Tamil Nadu Dr. Radhakrishnan Salai, Mylapore, Chennai – 600 004.
3.The Director of Medical Education Directorate of Medical Education 162, Periyar E.V.R. High Road, Kilpauk, Chennai – 600 010.
4.The Inspector General of Police Office of the Inspector General of Police North Zone, Chennai – 600 016.
5.The Deputy Inspector General of Police Office of the Deputy Inspector General of Police Villupuram Range, Villupuram – 605 602.
6.The District Collector 8/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 Office of the District Collector, Villupuram – 605 602.
7.The Superintendent of Police Office of the Superintendent of Police Villupuram – 605 602.
8.The Dean Office of the Dean Villupuram Govt. Medical College Hospital Villupuram – 605 601.
9.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Villupuram Police Sub Division Villupuram – 605 602.
10.The Inspector of Police Villupuram Taluk Police Station, Villupuram – 605 602.
11.The Inspector of Police Villupuram West Police Station, Villupuram – 605 602.
12.The Joint Director Medical and Rural Health Service Villupuram Public Government Hospital Villupuram.
13.The Principal District Judge, Villupuram.
14.The Chief Judicial Magistrate, Villupuram.
15.The Judicial Magistrate No.1, Villupuram.
9/10 https://www.mhc.tn.gov.in/judis WP NO.13141 OF 2024 R.SAKTHIVEL, J.
krk
16.The Public Prosecutor, High Court of Madras.
W.P.NO.13141 OF 2024 29.05.2024 10/10 https://www.mhc.tn.gov.in/judis