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Wednesday, April 21, 2021

2 years after teen’s death, kin agree to take body as Bombay HC directs second autopsy

Sachin Jaiswar's body has been lying at JJ Hospital since his family refused to carry out the final rites until action was taken against police officials for allegedly killing their son.

By: Express News Service | Mumbai |
April 4, 2021 10:21:55 pm
The HC directed the hospital to conduct a post-mortem by April 6, after which the family agreed to take custody of his body to conduct last rites.

Over two and a half years since Sachin Jaiswar, a 17-year-old boy, died after being detained by Dharavi police, the Bombay High Court allowed the family’s prayer seeking a second post-mortem of his body.

Jaiswar’s body has been lying at JJ Hospital since his family refused to carry out the final rites until action was taken against police officials for allegedly killing their son.

The HC directed the hospital to conduct a post-mortem by April 6, after which the family agreed to take custody of his body to conduct last rites.

The court asked the hospital to submit a second report before the next hearing on a criminal writ petition filed by his family members. The family approached the court after the crime branch gave a clean chit to the police officials.

A division bench of Justice S S Shinde and Justice Manish Pitale on April 3 passed an order on the criminal writ plea filed by Ravindra Jaiswar and Sunil Jaiswar, Sachin’s father and brother, respectively, through advocate Siddharth Chandrashekhar.

The bench conducted the hearing in chambers and examined the CCTV footage of July 13, 2018 of the Dharavi police station in the presence of Jaiwar’s family, their lawyers, along with the investigating officer and the state government counsel.

A team from Dharavi police, on July 13, 2018 had detained Jaiswar in connection with the theft of the mobile phone of a pedestrian and was allowed to go home. Next day, Jaiswar had fever and went to the hospital. He was sent home after medication but after his condition worsened, he was admitted to the hospital, and reportedly succumbed to injuries on July 21. Following this, a mob related to the deceased attacked policemen and security personnel at the Sion Hospital in protest.

The police had claimed that Jaiswar died due to pneumonia. However, the family refused to take custody of the body and approached the HC seeking registration of FIR against police officials.

On Saturday, the petitioners insisted on a second post-mortem as they were dissatisfied with the first report, on which the police had relied to give a clean chit. The petitioners said that if the same is permitted, they would take custody of the body.

Additional Public Prosecutor J P Yagnik, representing the police, said that it had no objection in granting such a request. Yagnik, on instructions of the IO who was present in the chamber, submitted that after the second post-mortem, the body of the deceased would be handed over to the petitioner’s father and ambulance facility will be provided free of cost for taking the body.

In view of the submissions, the bench directed the state-run J J Hospital to constitute a team for conducting the second post-mortem and to ensure that same be done by a team of doctors, none of whom were members of the team that conducted the first post-mortem.

Directing the second post-mortem on or before April 6, the court asked the hospital to submit the report under the signature of the dean of the hospital.

After the petitioner father assured the bench that he will take custody of the body after the second post-mortem, the HC asked the hospital to hand over the same to the family and posted further hearing to April 9.

When contacted, Sunil Jaiswar told The Indian Express that the family was called by the hospital regarding post-mortem procedures on Sunday.

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