Madras High Court
K.Valli vs / on 17 April, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
W.P.(MD)No.7959 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2021
CORAM :
THE HONOURABLE Mr.JUSTICE G.ILANGOVAN
W.P.(MD)No.7959 of 2021
and
WMP(MD)Nos.6068, 6069, 6067 & 6072 of 2021
K.Valli ...Petitioner
/Vs./
1.The Home Secretary,
Home Department,
Government of Tamil Nadu,
Secretariat, Chennai – 625 009.
2.The Director General of Police,
D.G.P. Officer, Mylapore,
Dr.Radhakrishnan Salai,
Chennai-625 005.
3.The Additional Director General of Police,
Crime Branch Crime Investigation Department (C.B.C.I.D),
No.220, Pantheon Road,
Egmore,
Chennai-8.
4.The Superintendant of Police,
District Police Office,
Thanjavur-613 001.
5.The Inspector of Police,
Kumbakonam Taluk Police Station,
Thanjavur District.
6.The District Collector,
Collector Office,
http://www.judis.nic.in Thanjavur – 613 010.
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W.P.(MD)No.7959 of 2021
7.The Thasildar,
Kumbakonam Taluk Office,
Kumbakonam,
Thanjavur District.
8.The Medical Superintendant,
Government Hospital,
Kumbakonam,
Thanjavur District. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
to issue Writ of Mandamus, directing the Respondents 1 to 3 to entrust the
investigation of pending case in Crime No.147 of 2021 on the file of the
fifth Respondent Police Station to the third Respondent Office for a fair and
impartial investigation and to direct the third Respondent to file periodic
reporting to this Court on the progress made in the investigation.
For Petitioner : Mr.Henri Tiphagne
For Respondents : Mr.K.Chella Pandian
Additional Advocate General assisted by
Mrs.S.Bharathi
Government Advocate (Crl.Side)
ORDER
This petition is filed seeking the following reliefs:-
i) Directing the respondents 1 too 3 to entrust the investigation of pending case in Crime No.147 of 2021 on the file of the fifth respondent police to the third respondent Office.
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ii) Directing the third respondent to file periodic impartial investigation and file a report before this Court.
2.The facts in brief:-
The petitioner is the mother of the deceased namely, Silambarasan.
He is the elder son of the petitioner. He got married with one Aayisha in the year 2017 and they were residing in Tirumangalam, Chennai. The petitioner's husband namely, Kaliyamoorthy is working as a contract labour in Tharasuram Town Panchayat Office. The deceased was facing number of criminal cases, due to which, he used to attend the Court proceedings. On 07.04. 2021, at about 09.00 p.m., the petitioner's son went to Kumbakonam and on the next day, her daughter-in-law, namely, Hajira Banu had called her through mobile phone and informed that Silambarasan reached Kumbakonam. At that time, the Special Police Team, namely, the Inspector of Police - Keerthi Vasan and his police Team went to the house of the said Hajira Banu and enquired about Silambarasan and they openly threatened that after finding Silambarasan, they would kill him in an encounter. They also damaged her house. On 09.04.2021, at about 10.00 p.m, Hajira Banu was calling Silambarasan from outside her house and when she went out of the house, she had seen the Inspector of Police and hisTeam chasing Silambarasan. At that time, Silambarasan fell into a pond and the Police http://www.judis.nic.in 3/28 W.P.(MD)No.7959 of 2021 Team were searching him. They also pelted stones into the pond. The said pond was only 4 feet deep. But, they were not successful in securing Silambarasan. So, they abused Hajira Banu in filthy language. On 09.04.2021, at about 20.30 hours, she heard a loud screaming voice of Silambarasan. She found that he was taken into custody by the Police. So, at 04.00 a.m, the petitioner's husband and her daughter-in-law searched the deceased Silambarasan. But, they could not find the deceased Silambarasan.
They were under the impression that he would have been taken into custody by the Police.
3. On the same day, at about 7.00 a.m, Silambarasan's body was found floating in the said Chathiram Pond. Some of the persons in the Village had informed the Kumbakonam Taluk Police Station. They came to the place of occurrence. But, they were not taking proper action. Her son-in-
law by name, Aravint Samy took the floating body of the deceased from the Pond and found that the deceased Silambarasan had injuries on the face, neck and head region. The Revenue Officials and the Police Officials without conducting any enquiry, immediately took the body to the Government Hospital. The wife of the deceased - Hajira Banu also went to Kumbakonam Taluk Police Station and informed the Police about the previous day occurrence. But, they did not register case. Later, it came to http://www.judis.nic.in 4/28 W.P.(MD)No.7959 of 2021 her knowledge that the Police secured her husband and got his signatures under coercion in a complaint, which was registered in Crime No.147 of 2021 on the file of the Kumbakonam Taluk Police Station, under Section 174 of Cr.P.C. They ought to have registered the case under Section 176 (1) (A) Cr.P.C. The post-mortem was done in the Government Hospital, Kumbakonam and the body was buried at Caveri Amman Thoppu burial ground, Tharasuram Bus Stand, Kumbakonam Taluk, Thanjavur.
4. The death was caused in the course of Police action. Silambarasan did not die due to drowning. The petitioner would further say that because of throwing of stones in the water by the Police, in the night hours and subsequent torture by the Police, he has been killed. So, in the circumstances, independent investigation into the incident should be conducted by the CBCID or some other team under the supervision of Senior Officer as per the judgment of the Hon'ble Supreme Court in People's Union For Civil Liberties and Another Vs. State of Maharashtra and Others reported in (2014) 10 SCC 10 SCC 635. So, in those circumstances, the main petition is filed for the above said reliefs and interim direction also prayed as follows:-
i) Interim direction to direct the Respondents 1 to 5 to alter the First Information Report from Section 174 Cr.P.C to Section 176 (1) (A).
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ii) Directing the Respondents to exhume the body of Silambarasan from Caveri Amman Thoppu burial ground and to conduct repostmortem by a team of two Doctors, who have a Master's Degree in Forensic Medicine.
iii) Directing the Respondents to provide a copy of the postmortem and video graph of the postmortem to the petitioner.
iv) Directing the Respondents to initiate departmental action against the delinquent Police Officers and suspend them immediately from service.
5. The learned counsel for the petitioner would submit that this is a case of death in the course of police action as mentioned by the National Human Rights Commission, dated 12.05.2010 to all the Chief Ministers and he would also rely upon the judgment of Hon'ble Supreme Court in People's Union For Civil Liberties and Another Vs. State of Maharashtra and Others (cited supra).
6. It is not in dispute that the deceased Silambarasan is having more than 10 cases at his credit at the time of the alleged occurrence. It is also not in dispute that he died in suspicious circumstances on the night of 09.04.2021 and early hours of 10.04.2021.
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7. Heard : Mr.Henri Tiphagne, the learned counsel for the petitioners and Mr.K.Chella Pandian, learned Additional Advocate General for the respondents.
8. According to the learned counsel for the petitioner, the Pond, in which, the body of the Silambarasan was floating was a less waist deep and so, there is no possibility of drowning and because of the stone pelting and torture meted out to the deceased at the hands of the Police party, the death occurred. It is a fit case for ordering the exhumation the body and conducting the second post-mortem and for further reliefs as set out in the petition.
9. On 16.04.2021, when the matter came up for hearing, the learned Public Prosecutor has submitted that post-mortem was conducted by the Assistant Surgeon, Government Head quarters Hospital, Kumbakonam on 10.042021 as per the procedure and law and a copy of the post-mortem report and a CD containing the videograph were also given to the learned counsel for the petitioner. Perusal of postmortem report shows there was a superficial abrasion over the right and left leg measuring 2 x 1 cm. The matter was adjourned today at the request of the learned Public Prosecutor for filing counter and the final disposal. http://www.judis.nic.in 7/28 W.P.(MD)No.7959 of 2021
10. When the matter was taken up today, it was contended on behalf of the petitioner that the videograph circulated is running for 18 minutes and 26 seconds, but, as per the post-mortem report copy, it took 1 hour for completing the post-mortem and he would also bring out a number of circumstances, which are available in the video clippings which, according to him, would create grave suspicion with regard to the manner in which, the post-mortem has been conducted.
11. According to the learned Additional Advocate General, the complaint which has been made by the father of the deceased was properly registered and investigation was undertaken. The postmortem video clippings were only subsequent to the filing of the petition and so, he can not make any complaint on that basis. But, however, I find some force in the argument advanced by the learned counsel for the petitioner, with regard to the manner in which, the post-mortem was conducted. But, this may be a premature stage to go into all those details of the events that took place during the post-mortem. Suffice it to say that the post-mortem conducted is not in conformity with the norms/guidelines which have been prescribed in a number of judgments.
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12. The main ground on which, the exhumation of the body for the second post-mortem is requested, is that the cranium of the deceased was not opened at the time of post-mortem. So, according to him, this will give a clear clue about the nature of assault as well as cause of death.
13. The next contention on the part of the learned counsel for the petitioner is that for fair investigation, it must be transferred to the Office of the third respondent. So that, the truth will come out.
14. According to the learned Additional Advocate General, considering the nature of allegations that have been made now, the investigation has been transferred to Deputy Superintendant of Police, Thiruvidaimaruthur Sub Division, by the order dated 15.04.2021 and so, there is no necessity for transferring the same to the Office of the third respondent since the investigation is going on in the right direction.
15. Now, the question which arises for consideration is whether interim directions sought for by the petitioner can be granted.
16. The Hon'ble Supreme Court in the judgment in People's Union For Civil Liberties and Another Vs. State of Maharashtra and Others http://www.judis.nic.in 9/28 W.P.(MD)No.7959 of 2021 (cited supra) has observed thus:-
“25.We are not oblivious of the fact that police in India has to perform a difficult and delicate task, particularly, when many hardcore criminals, like, extremists, terrorists, drug peddlers, smugglers who have organized gangs, have taken strong roots in the society but then such criminals must be dealt with by the police in an efficient and effective manner so s to bring them to justice by following rule of law. We are of the view that it would be useful and effective to structure appropriate guidelines to restore faith of the people in police force. In a society governed by rule of law, it is imperative that extra-judicial killings are properly and independently investigated so that justice may be done.”
17. From the above observations, it is clear that the Police are doing arduous task which is dedicated also. It is no doubt that it will be very premature to say anything about the Police Team which was on the search of deceased Silambarasan, during that time and truth will come out only during the investigation. Another observation that had been made by this Court in the judgment Santhosh Vs. the District Collector, Madurai District and Others in WP(MD)No.12608 of 2020 is also relevant to be extracted hereunder:-
“10.The foundations of any democratic government rest on popular acceptance. Though State primarily http://www.judis.nic.in functions through its coercive apparatus, its actions must 10/28 W.P.(MD)No.7959 of 2021 be perceived as proper by the people. What the government does must inspire the confidence of the people. Every time a custodial death occurs, the legitimacy of the State suffers a big dent. That can be set right only by ensuring transparent investigation. A dead person is equally entitled to justice.”
18. So, a comparative reading of the observations of the Hon'ble Supreme Court in the above said judgment as well as the observation of this Court extracted above would show that justice must not only be done, but it seems to be done also.
19. Even though, the Deputy Superintendent of Police, Thiruvidaimaruthur, may be a competent person to make the investigation without any bias, but, considering the facts and circumstances and also considering the similar directions that have been passed by this Court in the earlier occasion, I deem it fit to transfer the investigation in this case to the file of the third respondent, who in turn, shall depute a proper Officer for investigating the matter.
20. Regarding the exhumation of the body, no doubt, that the father of the deceased while making the complaint, did not make any allegations http://www.judis.nic.in 11/28 W.P.(MD)No.7959 of 2021 against anyone. But, later, this petitioner sent representation on 13.04.2021 making allegation against the Police Officials. It is also on record that the body was handed over to the relative and so, they performed the last rites and buried on 11.04.2021.
21. According to the learned Additional Advocate General, due to the lapse of time, no purpose is going to be served in ordering the exhumation of the body of the deceased. But, however, from the facts narrated above and in the light of the allegations that has been made by the learned counsel for the petitioner, regarding the manner of the conducting post-mortem, I feel it necessary that if the second post-mortem is conducted, it will bring out the real cause of the death. So, at this juncture, a request was made by the learned counsel for the petitioner that summons must be issued to the concerned Medical Officer, who conducted the post-mortem regarding his manner of functioning during the time. But, I do not think that this is the appropriate time to enlarge the scope of this petition. So, at present, his request is not considered.
22. Finally, the following interim directions are passed:-
1) The investigation in Crime No.147 of 2021 on the file of the Taluk Police Station, Kumbakonam, is ordered to be transferred the file to the http://www.judis.nic.in 12/28 W.P.(MD)No.7959 of 2021 third respondent herein immediately and he is directed to depute a responsible Officer to take up the investigation and the entire file shall be handed over to the said Officer immediately.
2) The body of the deceased, namely, Silambarasanwhich was buried in Caveri Amman Thoppu burial ground situated at Tharasuram Bus Stand, Kumbakonam Taluk, Thanjavur, on 11.04.2021 shall be exhumed in the presence of the Tahsildar, Tharasuram.
a) The Dean of the Medical College, Thanjavur, is directed to depute the two Medical Experts having Master Degree attached to the Faculty of Forensic Medicine, Thanjavur Medical College, Thanjavur, immediately on receiving the copy of this order, to conduct the repostmortem.
b) The postmortem shall be conducted on the site itself in the presence of the above said Tahsildar and the same may be videographed and any representative of the petitioner may also be permitted in the site. After completing the post-mortem, a copy of the post-mortem report as well as the videograph shall be given to the petitioner and another copy to the Registry of this Court and the Investigating Officer.
3. The arrangements shall be made by the fourth respondent herein.
4.While conducting the post-mortem, the Medical Experts may take http://www.judis.nic.in 13/28 W.P.(MD)No.7959 of 2021 into consideration the various guidelines that have been issued by this Court which are available in the annexure of this order copy, which are applicable to repostmortem.
5.The post-mortem shall be conducted during the day time on 20.04.2021.
23. List the matter for compliance on 26.04.2021.
17.04.2021 Index : Yes/No Internet:Yes/No dss Issue order copy on:17.04.2021 Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
http://www.judis.nic.in 14/28 W.P.(MD)No.7959 of 2021 Encl: Annexure - 1 Guidelines issued in WP(MD)No.78 of 2019 dated 28.09.2020.
(i) There shall be a direction that the Doctors shall follow Article 621 of Tamil Nadu Medical Code by sending the post-mortem certificate as soon as it is over to the Judicial Magistrate and send a copy to the Head of the Department on the same day failing which departmental proceedings shall be initiated against them.
(ii) The Health Secretary shall issue a circular directing the Doctors to follow Article 621 of Tamil Nadu Medical Code in letter and spirit.
(iii) The post-mortem certificates should be issued based on the NHRC model and following the regulations governing the same.
(iv) ...
(v) ...
(vi) There shall be a direction to the respondents to videograph postmortems whenever a request is made by the relatives or friends of the deceased
(vii) There shall be a notice in the hospitals especially in the mortuaries, dissection halls informing that there will be video graphing of post-mortem in case of request apart from advertising in the newspaper that http://www.judis.nic.in 15/28 W.P.(MD)No.7959 of 2021 at the request of relatives, videographing of post- mortem could be done.
(viii) All important points in the mortuaries as well as in the dissection halls, CCTV cameras shall be placed and shall be operational at all times.
(ix) The Government shall ensure that all the hospitals where the postmortem are done are provided with sufficient set of equipments, tools and other consumables within a period of six months.
(x) ....
(xi) The web based system namely, MedLeaPR developed by NIC, Haryana, shall be followed by all the Doctors of the Hospitals in the State of Tamil Nadu, in Government Health Institutions, Private Nursing Homes and Hospitals and this direction shall be with effect from 1st January, 2021.
(xii) The Government should appoint Scientific Officers in all the Government Medical College Hospitals and in every District headquarters. The qualification, duties and responsibilities for the post of Scientific Officers shall be defined by the Government with the assistance of a Committee of Experts constituted by the Government consisting of experts in Forensic Science, Criminology and medical examination and in other fields as may be suggested by the Forensic Department. The State Government is directed to constitute a Committee of Experts within six months and the appointment of required number of Scientific Officers http://www.judis.nic.in 16/28 W.P.(MD)No.7959 of 2021 should be made within one year after the qualifications and duties and responsibilities of the Scientific Officer are defined by the Committee of Experts.
(xiii) ....
(xiv) Directions given by this Court in Crl.O.P. No. 12582 of 2007 in Muniammal V. The Superintendent of Police and Others by order dated 16.02.2008 shall be complied with on or before 28.02.2021.
Encl: Annexure - 2 Further direction issued in Santhosh Vs. The District Collector, Madurai District in WP(MD)No.12608 of 2020 dated 02.12.2020.
(i) The Judicial Magistrate conducting the enquiry under Section 176(1)(A) Cr.P.C. shall ensure that the family of the deceased or its representatives are given access to see the body both front and back and are also allowed to take video and photos.
(ii) No autopsy shall take place or commence without the next of kin having seen the body. Of course, if the family of the deceased refuses to see the body, even after, so being permitted by the concerned Judicial Magistrate conducting the enquiry, the Judicial Magistrate can, in writing, permit the conducting of postmortem.
(iii) The autopsy shall be carried out by a team of two doctors who have a master's degree in forensic medicine and are attached to a Medical College and http://www.judis.nic.in 17/28 W.P.(MD)No.7959 of 2021 Hospital in the State. In other words, what is called as forensic autopsy must be conducted.
(iv) The autopsy shall be done by adhering to the norms laid down by the Hon'ble Division Bench in V.Eswaran vs Government Of Tamil Nadu, dated 16.04.2019 in W.P.No.10694 of 2019 and in W.P. (MD)No.78 of 2019, dated 28.09.2020.
(v) The whole body shall be x-rayed in order to find out if there are any fractures. The entire autopsy should be videographed from the start of the examination till its completion by adhering to the following six phases set out in Modi 'a Textbook of Medical Jurisprudence and Toxicology' 26th Edition edited by Justice K.Kannan. For easy reference, the same is extracted as under:-
Procedure for Autopsy in Custodial Deaths.-- The National Human Rights Commission has recommended video recording of the autopsy, in cases of custody deaths. Circulars directing the police to do this recording have been issued by many State governments like W.P.(MD)No.12608 of 2020 Gujarat and Tamil Nadu.
In Tamil Nadu, in order to minimise the speculation that medical officers are being influenced by the police authorities, post-mortem of victims of custodial violence is conducted by a team of two or more medical experts within 24 hours of the death of the victim.
http://www.judis.nic.in 18/28 W.P.(MD)No.7959 of 2021 Only forensic medicine experts at the teaching hospitals of government medical colleges should do autopsies of all custodial victims where the departments of forensic medicine are present. When the autopsy is conducted in district or taluk government hospitals, efforts should be made to include a forensic medicine expert from the nearest teaching hospital.
Phases of Videography Phase I.The bearings of the dead body, like clothes, should be videographed individually with more focus on striking features like stains, cuts or holes on relevant material.
Phase II.-1. Front view of the dead body on the autopsy table before wiping and after wiping the dead body.
2.The same process should be repeated with the back of the dead body.
3.The conjunctiva and lips should be videographed for the presence of any haemorrhagic spots.
Phase III- External Injuries
1. These injuries should be recorded according to one's own practice, i.e., beginning with head and neck, trunk, upper and lower (right and left) extremities (front and back and sides of the body) are the commonest way of recording.
2. Each injury should be serially numbered by number tags (adherent labels).
3. The videography should be taken in parts or as http://www.judis.nic.in 19/28 W.P.(MD)No.7959 of 2021 whole as the videographer feels fit to produce the images with clarity.
4.Each external wound need not be individually videographed, because all these injuries are tagged and covered by the above process.
5. Any suspected areas of fractured bones of the limbs should be exposed and videographed.
Phase IV-The actual dissection for exposing the body cavities need not be videographed in order to avoid the lengthiness of the cassette and to keep the viewers live to the bare facts of trauma. It is a good practice to begin the autopsy with the exposure and removal of the brain.
Phase V - The scalp should be dissected up to the eyebrows on the front and below the mastoids on the back. The inner surface of the anterior and posterior flaps should be videographed separately, followed by the videography of the exposed cranial surface.
The removed vault of the skull should be videographed by stretching it in the sagittal - plane and in the coronal plane. This procedure will expose all types of fracture, if any.
The extradural space should be videographed in situ followed by subdural space. If there is subdural haemorrhage, it should be removed and videographed again to confirm subdural haemorrhage.
The brain is removed and placed on its vault to expose the basal surface. This exposed surface should be http://www.judis.nic.in 20/28 W.P.(MD)No.7959 of 2021 videographed. The circle of Willis dissected out and exposed in situ. This should be videographed again. Then it is turned to rest on its base and videographed again.
Each stage of the brain dissection should be exposed and videographed to its finale according to one's methodology of brain dissection.
The base of the skull, along with the meninges, should be videographed before and after wiping its surface. The basal meninges should be stripped out.
The stretch force is applied to the base of the skull in the sagittal and corona' planes and videographed in each plane to expose any type of fracture.
Phase VI - Chin to pubic symphysis dissection is continued to expose the abdominal cavity. The neck and the chest wall are dissected to their extreme sides to expose the front as wide as possible. This widely exposed neck and the chest wall should be videographed.
The cupped palm should be dipped gently into the pelvic cavity and raised. If there is blood, it will be seen in the palm. If the palm is empty, then there is no blood in the pelvic cavity, which excludes bleeding injury to the visceral organs of the abdomen. The entire manoeuvre of dipping and raising the hand should be videographed consecutively.
Then the removed sternum should be bent in both the planes to expose any fracture. This process should be videographed.
http://www.judis.nic.in 21/28 W.P.(MD)No.7959 of 2021 The hand manoeuvre done in the pelvic cavity should be done to rule out any bleeding injury for right and left pleural cavity with consecutive videography of the procedure.
The pericardium with the heart in situ should be videographed. The heart is exposed in situ and videographed before and after wiping the pericardial sac.
(iv) Neck.The superficial muscles of the neck should be exposed and videographed. Then the superficial muscles of the neck are removed with little dissection of the deep muscles. This will partly expose the hyoid bone.
The hybid bone is examined in situ by slight adduction and abduction of the greater horns of the hyoid bone.
This manoeuvre should be. videographed as it explicitly conveys that the hyoid bone was properly examined for any fractures in the greater horn. This manoeuvre will show inward or outward compression fractures, if present.
The deep muscles are removed to expose the larynx, submandibular glands and thyroid glands. The exposed surface should be videographed.
Evisceration Process. Evisceration is done from the tongue down to the rectum. The body cavities should be cleaned and later videographed.
The anterior chest wall should be pressed backwards on each side separately. If there is yielding, it http://www.judis.nic.in 22/28 W.P.(MD)No.7959 of 2021 indicates fracture of the ribs and that area alone should be videographed.
The aorta should be opened before the visceral organs are separated. The intima of aorta should be videographed.
The posterior surface of pharynx and the oesophagus should be videographed for the presence of blood or no blood.
The oesophagus is opened up to its cardiac end and videographed. The larynx and trachea should be opened and videographed.
(v) Heart The heart should be dissected.
1. Inflow chambers should be exposed and videographed.
2. Outflow pulmonary and aortic valves are exposed and videographed.
3. Coronary arteries should be dissected as far as possible. Videography is done before sectioning and after serial sections to explore any block in them. The area of block should be isolated and videographed again.
(III) Visceral Organs.Each organ should be separated and the separated organ should be videographed. After sectioning, each organ should again be videographed. The process of sectioning by the dissector need not be videographed.
In the case of kidneys, the process of stripping the http://www.judis.nic.in 23/28 W.P.(MD)No.7959 of 2021 capsule should be videographed.
Scrotumthrough the midline incision the testes are exposed and videographed.
To Expose Deep Contusions of the Limbs. In fair skinned people, abnormal discolorations of the skin should be cut and exposed and videographed. In dark skinned people through one long incision on the front and back on each limb should be made to exclude any extravasations of blood in the muscular tissue.
Multiple parallel incisions can be put in the sole and palm. These should be videographed.
Norms to be followed for the Videography:-
1. Essential elements in the videography
(a) Videograph is a visual document, not a news report or a chat show, and therefore the coverage should be comprehensive and detailed.
(b) Memory. chip (in case of digital recording)Nideo cassette is to be used as corroborative evidence. Therefore, visual gimmicks and bias should be avoided.
(c) Memory chip/ Video cassette is to be preserved as a source for future reference. Therefore, professionalism should be maintained while recording and an unedited version should be provided.
(d) During the videography of autopsy in custodial deaths, the date and time button should be pressed so that the date and time will automatically be superimposed.
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(e) The context of the videography should be established by mixing appropriate combination of wide- angle shot, panning and tilting.
(f) While highlighting details, continuity should be ensured by using zoom in and zoom out without cutting. It is suggested to limit the details viz., the contusions and incisions to eye-level shot and to use ped-up/down if necessary; however, high/low angles should not be used.
(g) Complicated lighting should be avoided. It is advisable to light the subject fully if the ambient light is not sufficient. When lighting is poor, use of manual mode to focus is suggested.
(h) It is necessary to use the normal lens in general and to avoid use of filters. However, before any recording the auto white balance button should be used.
(i) It is suggested to use the tripod during videography of autopsy.
(j) Each injury, whole and cut internal organs should be videographed for a minimum of ten seconds. Procedure for Autopsy in Custodial Victims a. The bearings of the dead body should be videographed separately.
b.The face should be videographed for the presence of haemorrhagic spots in the eyes and the lips'.
c.All external injuries should be serially numbered with adherent tags and videographed at the technical option of the videographer as a whole or in parts. http://www.judis.nic.in 25/28 W.P.(MD)No.7959 of 2021 d. The actual process of dissection for exposing the three body cavities need not be videographed.
e. The hyoid bone should be exposed in situ. f. The internal organs should be separated and video-graphed before and after sectioning of each. The actual process of separation and sectioning by the dissector need not be videographed.
g. Both the testes must be exposed and videographed. h. Suspected fracture sites should be exposed and videographed.
i. In fair skinned people, the discolored skin site alone should be cut and exposed and videographed. In dark skinned people, one long incision on the front and the back of each limb should be made to exclude any internal contusion. The exposed surfaces should be videographed.
2. Custody of the memory chip/videocassette
(a) Immediately after the videography of the autopsy is completed, the essential details relating to the case such as name of the deceased; general particulars of the deceased, particulars of requisition of autopsy etc., should be recorded on the video.
(b) Thereafter, the forensic medicine expert conducting the autopsy should ensure immediate sealing of the memory chip/video cassette and its immediate dispatch with all required particulars to the inquest authority, who in turn should send it to the National Human Rights Commission.” http://www.judis.nic.in 26/28 W.P.(MD)No.7959 of 2021 To
1.The Home Secretary, Home Department, Government of Tamil Nadu, Secretariat, Chennai – 625 009.
2.The Director General of Police, D.G.P. Officer, Mylapore, Dr.Radhakrishnan Salai, Chennai-625 005.
3.The Additional Director General of Police, Crime Branch Crime Investigation Department (C.B.C.I.D), No.220, Pantheon Road, Egmore, Chennai-8.
4.The Superintendant of Police, District Police Office, Thanjavur-613 001.
5.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.
6.The District Collector, Collector Office, Thanjavur – 613 010.
7.The Thasildar, Kumbakonam Taluk Office, Kumbakonam, Thanjavur District.
8.The Medical Superintendant, Government Hospital, Kumbakonam, Thanjavur District.
http://www.judis.nic.in 27/28 W.P.(MD)No.7959 of 2021 G.ILANGOVAN, J.
dss W.P.(MD)No.7959 of 2021 and WMP(MD)Nos.6068, 6069, 6067 & 6072 of 2021 17.04.2021 http://www.judis.nic.in 28/28