Joymalya Bagchi, J. - (1.) The petitioner who is the sister of the deceased has approached this Court alleging that the victim Salil Basu had suffered an unnatural death on 4th June, 2017 at R.G. Kar Medical College & Hospital where he had been admitted since 27th May, 2017. It has been pleaded in the petition that the said Salil Basu had participated in a political demonstration, namely, 'Nabanna Aviyan' on 22nd May, 2017 and that he had been subjected to ruthless lathi charge by the police personnel on that day. It has further been alleged that he suffered injuries on various parts of his body including his head and was treated at his residence till 27th May, 2017. When his condition deteriorated he fell unconscious. On 27th May, 2017, he was admitted to the aforesaid hospital where he was treated as an indoor patient. On 4th June, 2017 the petitioner was informed by the hospital authorities that he had expired at the hospital. The cause of death as stated in the death certificate issued by the hospital authorities is 'haemorrhagic stroke'. It appears that the petitioner had, thereafter, without demur taken custody of the body of the victim and it is informed by Mr. Bhattacharyya, learned senior counsel for the petitioner that the body of the victim is presently preserved at Peace Haven in a private mortuary. After taking custody of the body, representations were made by the petitioner to the respondent authorities including the hospital authorities to hold post-mortem examination to find out the cause of death but no steps were taken in the matter. Therefore, the petitioner has approached this Court seeking direction for holding of post-mortem examination/Magisterial inquest and/or video recording of such proceeding over the dead body of the victim including registration of FIR over such issue.
(2.) Learned Advocate General appearing for the State submits that the writ petition is a mala fide and motivated abuse of process of Court. No grievance had been raised by the petitioner or the deceased on 22nd May, 2017 with regard to assault upon the latter in the course of the aforesaid public demonstration. It is submitted that on the next day the victim had participated in another demonstration clearly improbabilizing any incident of brutal police assault, as alleged. It is also submitted that the victim was not hospitalized immediately and there is nothing on record to show that treatment, if any, had been extended to the victim till 27th May, 2017. It is however admitted that the victim was admitted at R.G. Kar Medical College & Hospital on 27th May, 2017 and had expired on 4th June, 2017.
(3.) Learned Advocate General emphatically submitted that it is a case of natural death as evident from the death certificate and belatedly the issue of unnatural death is being raked up for mala fide purposes with an ulterior motive to seek post-mortem examination/Magisterial inquest over the death of the victim. The family members of the victim had taken custody of the body of the victim without demur and had not raised any plea of foul play at that point of time. He, therefore, submitted that the writ petition is not maintainable and is liable to be dismissed. However, in order to dispel any doubt as to unfair conduct on the part of the respondents and as a mere humanitarianism gesture and compassion to the family members of the victim, the respondent authorities are ready and willing to hold post-mortem examination over the dead body of the victim without prejudice to the rights and contentions of the respondents as to maintainability of the writ petition and other issues as raised hereinabove.;