The Supreme Court has set aside an order passed by the Punjab and Haryana HC which dismissed the petition filed by the father of accused Jaipal Bhullar, who was killed in a fake police encounter by Punjab police at Kolkata, asking State of Punjab to get a second postmortem examination on his son’s dead body.
By: Darshana Pagare ILS, Pune.
A vacation bench requested the High Court of Punjab and Haryana to decide the petition filed on Monday itself 21st june. The High Court dismissed the petition for lack of jurisdiction since the petitioner’s son had died in Kolkata, West Bengal, which is outside its jurisdiction and the post-mortem had also been conducted by the doctors of Kolkata.
“There are serious allegations against the Punjab police. The Punjab Police is alleged to be involved in the encounter in which the petitioner’s son was killed. The dead body of the petitioner’s son is brought to Punjab and it is presently in Punjab. The petitioner alleged that the Punjab Police has resorted to manipulation of the post-mortem report” the Bench said.
It was noted that with serious issues of human rights involved, the Court directed the State of Punjab to make necessary arrangements for proper preservation and storage of the dead body.
In the hearing, the Advocate appearing for the petitioner Bhupinder Singh (Jaipal Bhullar’s father), said that the petitioner was Instructed not to open the dead body as it was chemically treated. But, when he got back to Punjab, he opened the dead body, which had multiple injuries, and is thus alleging that this is a case of custodial death. He further urged the Court that the body of the petitioner’s son be stored properly, if the body would decompose, the more the evidence against Police would disappear.
But, when he got back to Punjab, he opened the dead body, which had multiple injuries, and is thus alleging that this is a case of custodial death.
Through the present Special Leave Petition filed, the petitioner father sought directions for the post mortem of his son, Jai Pal Singh Bhullar, at PGI, Chandigarh or any other independent medical institution saying that his son has mercilessly been tortured to death under the guise of a fake encounter.
According to the petition filed, the petitioner’s son was alleged and termed a “gangster” by the Punjab Police, tortured in custody and killed at the young age of 39 years at the behest of the Police Constabulary.
“The Petitioner solicits a re-autopsy find out the truth of his son’s death and to dispel his strong suspicion of foul play in the death or murder of his son. It is the firm belief of the Petitioner that his son died due to custodial violence, torture and abuse of police power,” the plea stated.
The petitioner argued that the second postmortem examination is not only aimed at finding the cause of death but is aimed at addressing other medico-legal issues related to arrest. Even though the son of the Petitioner was suspected to have broken the existing law of the land, the Police Officials had a legal and an ethical duty to safeguard and ensure his human rights, the plea said.