Thoothukudi-Vedanta Police Firing: Madras HC orders videographed post-mortem of deceased

Even as the Vedanta’s controversial copper plant at Thoothukudi faces closure, the fallout of the May 22 police violence which eventually claimed thirteen civilian lives is yet to die down..The situation is no different in the Madras High Court. The tragedy had provoked numerous PIL petitions filed at both the Principal and the Madurai Bench of the Madras High Court. The prayers in the petitions range from pleas for an independent probe, affixing appropriate criminal responsibility on errant police officers, to release of the body of a deceased to conduct final funeral rites..The latest petition filed by Advocate R Kanthakumar, which came up before the Madurai Bench on Wednesday, has also prayed for an enhancement of compensation for victims and injured persons. This petition has been posted for June 1 to enable the State to file its response..Meanwhile, in a batch of petitions before the Principal Bench, Justices S Baskaran and RMT Teekaa Raman on Wednesday issued numerous directions in the interest of upholding the confidence of the public in the justice delivery system..Notably, it has ordered that a specially constituted team of three doctors conduct a fresh post-mortem in respect of the seven deceased on whom post-mortem has already been carried out..In the case of the remaining six deceased, the State informed the Court that their post-mortem is yet to be conducted since they have not been claimed by relatives. The Court has nevertheless tasked the same special team to conduct the post-mortem of the remaining six deceased..However, on request, the Court’s direction as regards these six deceased will be kept in abeyance for a week, to allow an SLP to be filed on this aspect in the Supreme Court.Importantly, the Court has directed that post-mortem be carried out in the presence of the designated judicial officer and be videographed..Further, the Court has also passed directions to facilitate handing over the bodies of the deceased once the post-mortem is complete..The various directions passed by the Court have been summarised below..Regarding Post Mortem of the Bodies.A re-post mortem is to be carried out on seven deceased in respect of whom post-mortem has already been carried out. The re-post mortem should be conducted in the presence of the same Judicial magistrate who was present during the first post-mortem.The re-post mortem should be conducted by a special three-member team constituted for the purpose. In addition to two doctors already tasked by the government, the third member should be from the forensic department and not below the rank of Reader from any of the following institutions, i.e. All India Institute of Medial Sciences (AIIMS)/ JIPMER, Puducherry/ Government Medical College, Trivandrum, Kerala.The special team would also conduct the post-mortem of the remaining six bodies in the presence of the Judicial Magistrate.Specific directions have also been issued in respect of the manner in which the post-mortem should be conducted and the details to be documented in the process.The entire episode of conducting post-mortem shall be video-graphed.Regarding Release of the Bodies.Following the post-mortem, families of the deceased can move the government for the release of the bodies for conducting last rites. On such application, the Government is to duly hand over the bodies to the relatives.Addressing possible law and order problems which may arise at the Government Hospital/Mortuary when the dead bodies are handed over, the Court has directed that the bodies of the deceased be handed over only to their relatives. Except relatives, no other person shall be permitted in the premises of the Government Hospital when the body is being handed over.The authorities were also directed to ensure peaceful performance of last rituals without any law and order problem..Other Directions.A status report is to be filed providing details of the number of persons who have sustained grievous injury/injuries, now undergoing treatment in the Government hospital/private hospital/Super-speciality hospital, as per the direction given by the earlier order passed on May 23 by the Division Bench.The services of the District Legal Services Authority (DLSA) of Thoothukudi, Tirunelveli, Kanyakumari, Virudhunagar and Madurai, can be utilised for the purpose of identification of the relatives..The order was passed after taking note of the arguments made by advocates K Arvind, S Xavier Felix, R Krishnamurthy, A Martin, R Sankarasubbu, AP Suryaprakasam and M Ravi appearing for various petitioners. Advocate General Vijay Narayan appeared for the State. The matter has been posted for further hearing on June 6.