Madras High Court
S.Jansirani vs The State Of Tamilnadu Rep By on 11 December, 2021
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P. No. 26676 of
2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.P. No. 26676 of 2021
S.Jansirani ...Petitioner
Vs.
1. The State of Tamilnadu Rep by
Its Home secretary
Secretariat,
Fort St George,
Chennai- 600009
2. The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
3. The Superintendent,
Central Prison-I
Puzhal, Chennai.
4. The Learned Judicial Magistrate,
Madhavaram, Chennai
5. The Dean,
Government Stanley Hospital,
Chennai. ....Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P. No. 26676 of
2021
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus to direct the 5th respondent
to conduct the post mortem of the body of the petitioner's husband
M.Srinivasan S/o. Kattaiya who is detained at 3rd respondent jail by a
team of Doctors including one doctor of the petitioner's choice at 5th
respondent hospital.
For petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This writ petition has been filed to issue a Writ of Mandamus to direct the 5th respondent to conduct the post mortem of the body of the petitioner's husband M.Srinivasan S/o. Kattaiya who is detained at 3rd respondent jail by a team of Doctors including one doctor of the petitioner's choice at 5th respondent hospital.
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2. The petitioner submits that her husband was arrested in connection with murder case and he was in judicial custody at 3rd respondent prison. On 09.12.2021, she met her husband at 3rd respondent prison at about 2.30 p.m, but at 5.00 p.m., she was informed by the jail authority that her husband was admitted in the 5th respondent hospital without informing the reason for illness. Subsequently, the petitioner approached the hospital and the doctor informed that her husband had died. However, she noticed so many external injuries on the body of her husband. Strongly suspecting that her husband died unnaturally when he was in custody, she approached the concerned Judicial Magistrate for conducting post mortem by a team of doctors including any one of the Doctor of her choice at 5th respondent hospital and the learned Judicial Magistrate advised her to file appropriate petition before this Court. Hence this petition.
3. At the time of arguments, learned counsel for the petitioner would submit that the petitioner's husband died while in judicial custody and the petitioner suspects it might be custodial death. In order to prove the same, the post mortem should be conducted by one of the Doctors of her choice at the 5th respondent hospital.
4. The learned Additional Public Prosecutor would submit that the 3/6 https://www.mhc.tn.gov.in/judis W.P. No. 26676 of 2021 post mortem can be done only a Government Doctor at the 5th respondent hospital in the presence of another Doctor of petitioner's choice.
5. On perusal of the records, it is seen that the husband of the petitioner namely M.Srinivasan detained in the Judicial custody is said to have involved in the murder case and while he was in judicial custody on 09.12.2021 at 2.30 p.m, the petitioner met him in jail. At that time, he was hale and healthy, immediately, the jail authority informed her that her husband was admitted in hospital at 5.00 p.m. Suspecting unnatural death, she prayed for the post mortem by one of the doctors of her choice. Since the petitioner's husband died in the judicial custody, the reason stated by the petitioner is justifiable one.
6. Furthermore in H.C.P. No. 1541 of 2015 dated 26.06.2015 this Court also passed an order with regard to the presence of one more doctor as the choice of the petitioner while conducting the post mortem in the Government Hospita and the petitioner also suggested a doctor namely Bekal, who is working as a Head of the Forensic Department, Meenakshi Medical College, Kanchipuram District. The petitioner also informed that the said Doctor has also consented for the same.
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7. In view of the above, the post mortem should be conducted in the presence of the Doctor Bekal, Head of the Forensic Department, Meenakshmi Medical College, Kanchipuram District, in the 5th respondent hospital as early as possible, by this time if postmortem performed, re-postmortem is ordered to be done as directed above. The writ petition is disposed of accordingly. No costs.
11.12.2021 Index : Yes/No Internet: Yes/No ub To
1. The State of Tamilnadu, Rep by its Home secretary Secretariat, Fort St George, Chennai- 600009
2. The Superintendent of Police, Tiruvallur District, Tiruvallur.
3. The Superintendent, Central Prison-I Puzhal, Chennai.
4. The Learned Judicial Magistrate, Madhavaram, Chennai
5. The Dean, Government Stanley Hospital, Chennai.
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