Kolkata: The validity of the special order by Kolkata Police that asked the forensic medicine head at R G Kar hospital to go ahead with the autopsy of the raped and murdered PGT doctor post sunset, citing “urgent matter” and “special issues”, has come into question with legal experts pointing out that the directive was not on behalf of either the police commissioner or the divisional deputy commissioner who are authorised to sanction such an urgent postmortem. Kolkata Police, however, countered that since a judicial magistrate was present, the sanction by CP or DC was not required.
The timing of the autopsy beyond the regulated hours had figured in the SC hearing on Monday.
According to documents available with TOI, one of the three members of the medical board that was set up on Aug 9 to look into the case, including her autopsy, wrote that a specific police order was required for performing postmortem after 4 pm, citing an order of the health and family welfare department. The autopsy of the PGT doctor was carried out from 6.10 pm till 7.10 pm.
The order issued by the health & family welfare department on Jan 3, 2020, clearly states that an autopsy is to be carried out between 9 am and 4 pm while allowing an autopsy that has already started during this time to be completed beyond the hour.
The order also mentions that the time of receipt of application for postmortem has been fixed till 3 pm, beyond which the request should come from respective DC or SP to be endorsed by the principal or the hospital super. There is, however, no mention of postmortem beginning after 4 pm.
After the autopsy surgeon pointed this out in a note when police were insisting on the autopsy be carried out that very day even though it was well past 4 pm, Tala PS additional OC Chinmoy Biswas wrote, “…due to some urgent matter and special issues, PM and inquest examination may kindly be concluded after 4 pm…” The note forwarded to the HoD of forensic science medicine at RG Kar does not contain the approval from either the CP or DC-North.
A legal expert said the mention of the order being issued on behalf of the CP or DC-North was the minimum that was required. However, Kolkata Police claimed that since a judicial magistrate was present, such an order was not required. However, police recorded that the victim’s body was sent to the RG Kar morgue for postmortem amid protest. The body reached the morgue at 6 pm. The examination was conducted between 6.10 pm and 7.10 pm.
