No modification on order directing preservation of bodies

The vacation division bench comprising justices T Ravindran and P Velmurugan refused to acquiesce to the government’s plea to permit it to hand over the bodies to relatives after post mortem examination, pointing out that the affidavit failed to present any relevant details about the way the autopsy was being held. 

The bench directed the government to file a report about the post mortem examination. The petitioners were asked to file their counter on the government’s affidavit, and were asked to approach the court if they wanted the bodies. The case for further hearing to May 30. 

Appearing for the government, former advocate general A L Somayaji raised several contentions, including the concern that there was a possibility of public barging into the hospital where the bodies are kept, leading top law and order problems. 

Also, he added, the relatives of two persons on whom the procedure has been completed were seeking the bodies and have also issued consent letters in this regard.

 Submitting that experts have recommended speedy completion of the autopsy to prevent decomposition that could affect the results of the forensic procedure, he said embalming and other chemical preservation would lead to change of colour and mask other signs, defeating the purpose. 

“Moreover, such cases of mass preservation will accelerate decomposition,” Somayaji added. 

The affidavit filed by Joint Secretary (Home) M Murugan said the post mortem examination was being held in accordance with the guidelines issued by the apex court, besides strictly abiding by the model post mortem report form that as per the National Human Rights Commission guidelines. 

All materials such as X Ray were catalogued, it added. The petition seeking re-post mortem by private doctors was filed as a PIL and not by the kith or kin of the deceased persons, who alone have the locus standi to file this petition, it added.