LEELA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is a widow of a Police Officer allegedly murdered while he was returning from a successful anti-poaching operation at the Land Fall Island of Andaman in the evening hours of 19th November, 1995.

(2.) From the factual analysis it appears that suspicion arose in the mind of the relatives of the deceased after seeing the dead body which was kept in G. B. Pant mortuary/cold room at Port Blair awaiting return of the parents of the deceased, who were in main land on tour. The relatives including the brother-in-law of the deceased, a Senior Medical Officer of G. B. Pant Hospital, detected a deep sharp cut injury on the left side of the neck of the deceased suspected foul play. The complainant and other relatives and suspected the conduct of Dy. S. P. Raghuvir Singh who brought the dead body to the residence of the complainant. It was alleged that said Dy. S. P., did not allow any relative, even the wife of the deceased to see the face of the dead body which was wrapped by a long cloth and ordered to put off all the lights on the plea that none could tolerate the shock of seeking the dead body being entirely eaten by sea fish. The Dy. S. P. also insisted to complete the cremation as soon as possible without waiting any further. The behaviour of the Dy. S. P. was not found natural by the complainant and other relatives of the deceased. Moreover in view of detection of the deep sharp cut injury on the dead body they really believed that the incident was not an accident but a case of murder.

(3.) Thereafter, the complainant being the father-in-law of the deceased brought the fact before various authorities, including the Andaman and Nicobar Administration and in the complaint made by the complainant, the District Magistrate's Court, Andaman had ordered for re-postmortem examination of the dead body by amedical board consisting of 4 (four) medical officers. The Medical Board of 4 medical officers conducted the re-postmortem examination on 22-11-1995 after the Magisterial inquest over the dead body as conducted on the same date.