A Single Bench of Calcutta High Court comprising Justice Rajasekhar Mantha ordered a second post mortem in the murder case of Allah University student Anis Khan. Order strictly stated that the second post mortem and the investigation by the State constituted Special Investigating Team (SIT) would be monitored by a District Judge.
Background:
Student activist Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022. Khan's murder has also sparked a large-scale students' protest at the Aliah University of Kolkata, where he was enrolled in an integrated five-year-long Master of Business Administration (MBA) Course. Court took the suo moto cognisance of the case after terming the incident as 'grave and shocking'.
Submissions:
- Mr. Bikash Ranjan Bhattacharya, learned Senior Counsel representing the father of the victim submitted that the incident is shocking and unfortunate. There is little faith in the State police.Hence, exhumation of the body for a second post mortem and the examination of the mobile phone of the victim was objected by the Anish's Father. He sought for investigation to be given to an independent outride agency.
- Learned Advocate General submitted that the State is very serious about the investigation. A Special Investigation Team (SIT) comprising of three Senior IPS Officers has been constituted and Amta PoliceStation as also the entire district police, away from the investigation.
Observation of the Court:
Court observed that it is not the correct hour to determine whether the investigation by the SIT would be appropriate or not. Before coming to this issue the directions were issued by the Court to first evaluate the investigation of the SIT, the adequacy of which can only be determined thereafter.
Court expressed the positive hope that no stone will be left unturned in course of such investigation which shall be carried out in letter and spirit and by the book.
As far as the requested of exhuming the body and second post mortem was conceded the court ruled that,
"Let the 2nd post mortem be conducted after exhuming of the body and the viscera continued to be preserved by the SIT under the supervision and direction of the aforesaid District Judge. The mobile phone shall be duly sealed in presence of the representative of the writ petitioner and/or a representative by the I.O. of the SIT and transmitted to the Central Forensic Science Laboratory at Hyderabad."
Further, the Court ordered that the District Judge shall be entitled to nominate any person of the rank of a Magistrate to be present at the time of post mortem. The post mortem and all investigations of all witnesses shall be videographed and copies should be made available to the District Judge and shall be as soon as possible submitted to SIT. Court also ordered for the Test identification parade of the witness and ensuring proper protection to them.
The matter was listed to be heard on March 10, 2022.
Case Title: Salem Khan v. State of West Bengal and Ors.
Picture Source :
