Autopsy Unveils Truth: A Father’s Fight for Justice

Need for Autopsy in every death –

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The learned higher court while hearing an appeal, tabled at the instance of the original writ applicant (father of the deceased, whose son namely, Lakhan Singh was killed in an encounter between the police and some fleeing miscreants), and is directed against the judgement and order passed by the Lower Court, by which the Appeal Court has modified the judgement, thereby permitting the appellant herein and his family members to disinter the body of Lakhan Singh buried in a local graveyard. Lakhan Singh has been falsely implicated as Aurangzeb – one of the miscreant.  

Fact Pattern – 

1. From the materials on records, it appears that on 16/06/1998, while chasing a group of miscreants, the police team had to open fire on the fleeing miscreants. At that point of time a passer-by namely Lakhan Singh was hit by a bullet, and grounded injured. After being carried to the hospital succumbed to his injuries.

• The dead body was identified to be Aurangzeb, a ferocious miscreants, and was buried in the local graveyard. It appears that so far as the deceased namely Aurangzeb is concerned, nobody has claimed his body, nor was there any demand for handing over the dead body from any quarter. However, it is the case of the appellant herein that so far as the dead body of his son Lakhan Singh is concerned, he had reached out to various authorities with a request to hand over the body, but none listened to him, and to his utmost dismay came to know that his son Lakhan Singh has been buried in a grave yard with the identity of Aurangzeb.

• In such circumstances referred to above, the appellant herein preferred the writ petition in the Lower Court and prayed for the following relief:

“In view of the submissions, the honourable court is humbly requested to direct the police authorities to hand over the body, of Late Lakhan Singh, who was killed in a police firing, to the petitioner who happens to be the biological father of the deceased”.

• The learned Lower Court adjudicating the writ petition, allowed the same directing the police department to make necessary arrangements for the disinterment of the body/remains of the deceased Lakhan Singh from the graveyard in presence of the appellant.

• It is vehemently contended by the opposite party, that the decision not to hand over the body of the deceased to the petitioner, was taken in larger interest of the society keeping in view the notoriety of the miscreant identified as Aurangzeb.

• The opposite party have tried to draw distinction by submitting that as per the investigations, the deceased whose body has been buried is no other than Aurangzeb, a notorious miscreant. Much has been said by the opposite party with regard to the status of the body lying buried.  

After hearing both the parties, the learned Higher Court kept the judgment of the Lower Court reserved, and passed an order directing the police department to conduct a repeat Autopsy.

The buried body was disinterred, and a repeat Autopsy (Second) was performed; the findings were striking – the body pertains to a Hindu Male in his mid-thirties; there are no evident signs of circumcision (Khitān) – which is pre-dominant in Muslims, and as the body was buried claiming it to be of Aurangzeb.

Writer Suvro Sanyal

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