After hearing the arguments, Justice R Pongiappan said when there’s court ruling that post mortem should not be conducted after 4 pm, questioned the necessity for the urgent autopsy. Meanwhile, the state counsel said, since Tenkasi Collector asked to conduct the post mortem early to avoid any law and order problem it was done.
The petitioner, Palammal (60), wife of the victim, claimed her husband Anaikarai Muthu died of custodial torture by the Forest personnel.
On July 22 around 11 pm, five personnel led by Nellai Nayagam, Kadayam Range Officer, took him for enquiry to the Forest office at Bungalow Kudiyiruppu, Sivasailam.
The officials did not give proper reason for his arrest. The petitioner further said her son Natarajan along with two others, while proceeding to the Forest office, was shocked to see Muthu in an unconscious stage in the Forest Department jeep, which took him to Kadayam GH, where his pulse was found to have stopped and subsequently was taken to Tenkasi GH, where he was declared brought dead at 1 am, on July 23.
The petitioner said her husband did not have any illness or health complications. Based on a complaint lodged by her son Natarajan, Alwarkurichi police on July 23, filed a case under Section 176 (1)(A) of CrPC. After examining the body, Judicial Magistrate Karthikeyan noted 18 external injuries on the body and obtained signatures and statement from family members. They were informed that the post mortem would be performed the following morning. But all of a sudden, it was finished on the same night in a secretive manner, she said.
Hence, the petitioner sought an interim direction to direct respondents to conduct re-post mortem. The petitioner also demanded CB-CID probe and to alter the Section to 302 (murder) of IPC and also sought adequate compensation.