The postmortem report of the bodies of the two Dalit sisters who were found dead in a Lakhimpur Kheri village on Wednesday, confirms their family’s suspicion that they were sexually assaulted before being killed, reported News 18. The channel said, that the autopsy report accessed by it “confirms rape and strangulation of victims.” The Scroll reports that according to the postmortem report, the sisters died “due to asphyxia as a result of antemortem strangulation.”

The sisters’ bodies had been discovered hanging from a tree on Wednesday. The girls were minors aged 15 and 17. Their parents had alleged that they had been abducted and raped before murder. Indian Express had quoted their mother as saying, “I went inside the house for some work. On return, I saw three youths forcibly taking away my daughters on a motorcycle. I ran after the motorcycle but failed to catch them.” A local villager discovered the bodies hanging from a tree in a sugarcane field in Tamoleen Purva village, located about half a kilometer from their home.

Villagers had also held a protest on Wednesday evening in the Nighasen area after the bodies were discovered. The case brought back memories of both, the Hathras case where a Dalit teenager was raped in a field, and the 2014 Badaun case where bodies of two Dalit girls were discovered hanging from a tree.

So far, six persons have been arrested. Superintendent of Police Sanjeev Suman revealed their names at a press conference on Thursday evening – Chotu, Junaid, Sohail, Hafizul, Karimuddin and Arif. According to India Today, the accused have been booked under IPC sections 302 (murder), 323 (voluntarily causing hurt), 452 (house trespass for assault), 376 (rape) and relevant sections of the Protection of Children from Sexual Offenses (POCSO) Act. India Today reports that five out of the six were remanded to 14 days judicial custody on Friday. Junaid, who had tried to escape and was caught after being shot in the leg by the police, will be presented before the court later.

NDTV reported that according to the police, Chotu was not involved directly in the crime, but was their neighbour and had introduced the girls to the assailants. But the police have contradicted the family’s abduction claims and say that the girls went willingly with Sohail and Junaid, who then sexually assaulted them in the sugarcane field. The publication quoted the SP as saying, “The girls were raped in the fields. When they insisted that the men marry them, the men strangled them with their dupattas.” Hafizul allegedly helped strangle and kill the girls. “Then they called Karimuddin and Arif for help with covering up the crime. They hung the bodies from the tree to make it look like suicide,” he added.

News 18 reports that the bodies of the girls were buried in a field near their home late on Thursday evening as the community does not cremate minors. The family members had initially refused to perform their last rites until their demands of a compensation of Rs 1 crore, a government job for the girls’ brother, and death penalty for the accused, were fulfilled. The family has been assured of a trial in a fast-track court.

Related:

Lakhimpur Kheri: Bodies of two sisters found hanging from a tree

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Protest marches and candle rallies were carried out on October 4, 2021 afternoon and October 3 night to condemn the Lakhimpur Kheri killings on Sunday afternoon.

Shortly after four farmers were declared dead due to the alleged road rage of Minister of State Ajay Mishra’s son Ashish, farmers’ coalition Samyukta Kisan Morcha (SKM) called for nationwide protests to condemn the behaviour of the Uttar Pradesh administration.

Leaders asked people to demonstrate from 10 AM to 1 PM on Monday outside District Commissioner or District Magistrate offices to demand: Mishra’s  immediate dismissal and the arrest of Ashish and his accomplices; a probe by a sitting judge of the Supreme Court; resignation of Haryana CM Manohar Lal Khattar.

In response, Punjab, Haryana, Uttar Pradesh, Uttarakhand, Odisha, Bihar, Jharkhand, Rajasthan, Karnataka, Telangana, Tamil Nadu, Madhya Pradesh, Maharashtra, West Bengal and other states observed such protests.

However, even before Monday protests, candle light protests were observed in cities like Ambala, Kurukshetra, Chandigarh and other places. In Uttar Pradesh’s Puranpur and other locations, highways were jammed by protesting farmers.

At the place of incident, Tikunia, Lakhimpur Kheri, thousands of farmers poured into the village on Monday but had to leave once Section 144 was imposed. Meanwhile, Singhu border protesters carried out a silent protest march.

No final rites until fair post mortem

As per earlier understandings between grieving farmers and the UP administration, families agreed to hold off on final rites of martyred farmers, until after the post mortem report. Farmers kept the four bodies in Tikunia’s college ground.

However, on October 5, 20-year-old Gurvinder Singh’s family demanded a second autopsy. They alleged that the first report did not show the bullet injury that caused his death. They accompanied this claim with videos locating bullet wounds on his head. On Tuesday evening, the SKM confirmed that his body will be reinspected by a team of doctors from AIIMS, BHU, PGI and a senior forensic doctor in Bahraich, under video recording and in the presence of SKM representatives. At least one cremation was conducted by the farmers community earlier in the day.

On Monday, the state government had assured Rs. 45 lakh and a government job to each aggrieved family. Injured protesters are to receive Rs, 10 lakh each. However, 18-year-old martyr Lovepreet Singh’s sister has demanded justice for her brother’s death rather than fiscal relief from the administration.

In partial acceptance of farmers’ demands, an FIR has been filed against Ashish Mishra Teni and 15 others for murder, although the accused are yet to be arrested. The government also agreed to get a retired High Court judge to probe the matter but is yet to address the demand for the Union Minister’s dismissal.

“It is reported that police removed barricades to allow the vehicles of the Minister’s son, who himself was driving the vehicle, to mow down protestors indiscriminately, and farmers retaliated thereafter. They protected Ashish Mishra Teni in escaping from the scene, and it is reported that he fired as he escaped. The specific targeting of SKM leader Tajinder Singh Virk was narrated in eye witness accounts,” said the SKM in a press release.

Related:

Lakhimpur Kheri deaths: A Timeline
I was not in the car: Ashish Mishra’s feeble defence in Lakhimpur Kheri farmer deaths
‘Godi media’ on a rampage: Mowing down of farmers labeled ‘clashes’, victims ‘khalistanis’
Lakhimpur Kheri: Main accused yet to be arrested, Opposition leaders being detained 
Uttar Pradesh: Eight dead in violence at Lakhimpur Kheri, including four farmers after Minister’s son allegedly drives over them

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Gruesome details have been reported in the Mohammad Faisal Hussain “custodial death” case at Bangarmau Police Station in Unnao. While the police had initially claimed that the 17-year old had died of a “heart attack” on Friday, the post mortem report has now revealed that he in fact had succumbed to a head injury.

According to a report in the Indian Express, CCTV footage from the police station shows that the teenager was “dragged by some unidentified people as he struggles to walk or stand” he repeatedly collapses when two persons try to lift him, stated the IE report, adding that it was “not clear whether Hussain is being taken from the police station or being brought there.”

A day after his death, and subsequent protest by his family seeking justice and allegeding that Faisal was thrashed so badly by the police that he died, the postmortem reports blows the police version of a “heart attack” as the prima facie the cause of his death to smithereens. Faisal died of a head injury, stated the autopsy reports, and the post mortem examination also “found a severe injury behind Hussain’s ear and at least 12 contusions on his body” reported IE.

Nature and number of injuries on body of teenaged vegetable vendor Mohd Faisal listed in the post mortem report. Policemen had beaten Faisal to death for violation of lockdown. This report leaves Unnao police officers with egg on face for insisting he died of heart-panic attack. pic.twitter.com/JkEzVOkt2z

— हैदर ‏حیدر Haidar Naqvi?? (@haidarpur) May 23, 2021

On Friday night, the vegetable vendor’s family had told the media that he had been picked up by police and accused of violating Covid norms, and then they alleged the cops beat the boy severely. The boy’s family and supporters had even staged a protest at Lucknow road crossing against the police brutality. They sat with his body, in protest and demanded that the guilty be punished.

The three police officials identified as Constables Vijay Choudhary and Seemavat, and Home Guard Satya Prakash have been charged with murder, and suspended. However, it is not clear if all of them have been arrested yet. According to IE, Unnao Superintendent of Police Anand Kulkarni just said, “We will proceed as per the evidence present with us” when asked about the pending arrest. However, Kulkarni confirmed seeing the CCTV footage, and said the injury near the ear had caused internal bleeding and told the media that the probe “will seek medico-legal advice” and proceed “accordingly.”

The IE reports that according to Kulkarni there is CCTV footage available from  the police station as well as the shop in a vegetable market from where Faisal was picked. The report states, “It is clearly seen that when he comes to the police station, he collapses. He is then picked up. But he collapses again. Then some police officials give him water. This whole sequence of events is recorded in the CCTV footage. In the meantime, some of his family members come” and the SP added: “I have also seen the CCTV footage of policemen slapping him at the shop from where he was picked up. They don’t hit him with sticks or anything else there.”

Faisal’s neighbour Mohammad Laeeq, told media-persons that he saw police beating him after they asked him what time it was. He recalled, “They started slapping him… I am not sure why the policemen singled him out as others were present at their shops as well.” The family, stated news reports, have in their complaint, said, Faisal “was beaten up mercilessly at the police station in the presence of Station House Officer” and that “When the family members reached the police station, he had been taken to the hospital and was left there, after which the policemen fled from there.” The report added that the family claims that while Choudhary and Prakash picked up the 18-year-old, Constable Seemavat took him to the local Community Health Centre (CHC) after his condition deteriorated. He was soon declared dead.

Home Guard arrested for ‘beating UP vendor to death’

Uttar Pradesh police have now arrested Home Guard Satya Prakash in connection with the “custodial death” case  of 17-year old  Mohammad Faisal Hussain. Unnao SP Anand Kulkarni told media-persons, “Preliminary investigation suggests that Vijay Choudhary and Satya Prakash were involved in the incident. We have not found any evidence against Seemavat as yet.” Constable Choudhary is still absconding, and according to the SP, “Search operations are being conducted by our teams at several places. The case is being investigated by the Crime Branch, which is collecting evidence and action will be taken as per the evidence.” The victim’s family had in their complaint alleged that Faisal was assaulted brutally at the police station in the presence of the station house officer. They stated that it was Choudhary and Satya Prakash who picked Faisal up, and Constable Seemavat took him to the CHC after his condition deteriorated.

Related:

Unnao: Teenaged Muslim vendor dies after police beating for violating Corona curfew
UP: 1,621 people on polling duty dead, but gov’t recognises only 3!
Uttar Pradesh: Bodies in the river, more buried in the sands, tell tales of Govt apathy

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The Madurai Bench of the Madras High Court has issued specific directions relating to steps leading to a post mortem, especially in cases alleging custodial deaths while allowing relatives to take photos and videos of the dead body before post mortem.

The single judge bench of Justice GR Swaminathan in the judgment dated December 2, 2020 also re-emphasised the judgment passed by it in September this year, regarding installation of CCTVs in dissection halls and mortuaries.

Background

The petitioner and his family belong to Scheduled Caste and due to rift in the family caused due to petitioner’s older brother falling in love with a relative, the matter had reached the police. The elder brother and the relative were untraceable and the woman’s family alleged abduction hence, the police called upon the petitioner and his family for enquiry from time to time.

On September 16, the police came to the petitioner’s house and allegedly assaulted him and his younger brother and took away the latter in custody. The next day, Ramesh, the younger brother was found hanging on a tree and it is alleged that he was tortured by the police and to cover up the crime the police made it appear as though Ramesh committed suicide.

Proper post mortem

The petitioner lodged an FIR and he was assured that post mortem will be conducted but he alleged that a farce of an autopsy was conducted instead and the family was forced to accept the body and was put in a coffin and buried. Thus, this petition was filed seeking directions to exhume the body and conduct a proper post mortem. Accordingly, the second post mortem was directed by the high court on October 8 and it was duly carried out and was directed to be videographed with the petitioner’s counsel and an expert to be present. It was brought to the court’s notice that “Though it was originally claimed that the entire autopsy had been duly videographed and even a statement was made in writing to that effect in the status report, it turned out that what was recorded were only brief clippings. A proper videograph was not at all taken.” Hence, the petitioner’s counsel insisted that appropriate directions be issued for future observance and strict compliance in cases of custodial death or where it is alleged that the death is due to police torture.

The court relied on and re-emphasised the specific directions issued by the Madras High Court in Public Interest Litigation in W.P.(MD)No.78 of 2019 (decided on September 28, 2020) relating to post mortem. These directions include display of notice in hospitals informing that there will be videographing of post-mortem in case of request from relatives, installation of CCTV cameras in the mortuaries as well as in the dissection halls, appointment of scientific officers at government hospitals and so on.

Transfer of case in custodial death matters

The petitioner insisted that the matter be transferred to another agency for investigations since the allegations were made against the police and it would not be in the fitness of things to permit the investigation to be conducted by the Deputy Superintendent of Police, District Crime Branch, Madurai District. The court accepted this contention and held, “interest of justice certainly demands that the investigation is transferred to some other agency…It would suffice if investigation of the case…is entrusted to CBCID, Madurai District”.

The court directed that the CBCID conclude the investigation within a period of four months and submit the final report before the jurisdictional Court.

Custodial death

“Every time a custodial death occurs, the legitimacy of the State suffers a big dent. That can be set right only by ensuring transparent investigation. A dead person is equally entitled to justice. I would call it posthumous justice. Whenever someone suffers an unnatural death, the circumstances that led to it will have to be unearthed. Otherwise, there would be no closure,” said the court.

Directions

The court keeping in mind the allegations of custodial deaths and how post mortems hold important evidentiary value in these cases, issued following directions:

(i) The Judicial Magistrate conducting the enquiry under Section 176(1)(A) Cr.P.C. shall ensure that the family of the deceased or its representatives are given access to see the body both front and back and are also allowed to take video and photos.

(ii) No autopsy shall take place or commence without the next of kin having seen the body. Of course, if the family of the deceased refuses to see the body, even after so being permitted by the concerned Judicial Magistrate conducting the enquiry, the Judicial Magistrate can, in writing, permit the conducting of postmortem.

(iii) The autopsy shall be carried out by a team of two doctors who have a master’s degree in forensic medicine and are attached to a Medical College and Hospital in the State. In other words, what is called as forensic autopsy must be conducted.

(iv) The autopsy shall be done by adhering to the norms laid down by the Hon’ble Division Bench in V.Eswaran vs Government Of Tamil Nadu, dated 16.04.2019 in W.P.No.10694 of 2019 and in W.P.(MD)No.78 of 2019, dated 28.09.2020.

(v) The whole body shall be x-rayed in order to find out if there are any fractures. The entire autopsy should be videographed from the start of the examination till its completion by adhering to the following six phases set out in Modi ‘a Textbook of Medical Jurisprudence and Toxicology’ 26th Edition edited by Justice K.Kannan.

The Textbook of Medical Jurisprudence and Toxicology (26th Edition edited by Justice K.Kannan) contains specific instructions regarding post mortem in custodial death cases on who should conduct a post mortem, how it should be video recorded phase by phase detailing how every part of the body is to be examined. It also states that the video should be comprehensive and detailed, the date and time should appear while recording and context should be established by shooting from different angles.

Further it makes important directions on custody of the recorded tape and states that the forensic medicine expert conducting the autopsy should ensure immediate sealing of the memory chip/video cassette and its immediate dispatch with all required particulars to the inquest authority, who in turn should send it to the National Human Rights Commission.

The court stated that if after receipt of the autopsy report, the legal heir/representatives of the deceased family give in writing that they intend to move the High Court, the body shall be preserved in the mortuary for at least 48 hours. If the body is disposed of either by cremation or otherwise in the meanwhile, the very purpose of holding a second postmortem will be rendered infructuous.

The court pointed out how hasty cremations such as in Hathras case led to controversy and, “It is in the interest of the police to take the family of the deceased into confidence and avoid rushing things through. They are stakeholders in the process and the police have to treat them accordingly.”

The high court order may be read here.

Related:

End Custodial Torture: SC’s new comprehensive directions on CCTVs in police stations
Dedicated courts set up to address Human Rights cases in Delhi 
MP High Court puts counselling as bail condition for accused for anti CAA WhatsApp status

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In path breaking directives, the Delhi High Court has directed all government hospitals to videograph the post-mortem of those killed during the communal violence in north-east Delhi last week. A bench of Justices Siddharth Mridul and I.S. Mehta asked authorities to collect and preserve DNA samples from all the bodies, and not to dispose of any unidentified body till March 11, the next date of hearing. The High Court’s directions came while hearing a habeas corpus petition by a man seeking details of his brother-in-law who went missing during the riots. Twenty-five-year-old Hamza went missing on February 26 evening. During the hearing, the police informed the court that Hamza’s body was recovered from a drain in Bhagirathi Vihar on March 2 and his autopsy would be conducted during the day at the RML Hospital. The court was also informed that after the autopsy, the body will be released to the family members.

In instances of mass targeted killing, it has been found that the medico legal procedures are found wanting with the state apparatus, especially the polic exerting undue pressure on doctors and hospital. Independent judicial scrutiny is therefore crucial and a must to ensure accountability and justice.

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