Hubballi case: Karnataka HC directs State authorities to observe Supreme Court docket’s pointers for deaths in police encounters

The Excessive Court docket of Karnataka on Tuesday directed the State authorities to observe scrupulously pointers issued by the Supreme Court docket in 2014 concerning the deaths of accused individuals in police encounters, within the Hubballi case. This was the case wherein a 35-year-old man, who’s accused of allegedly murdering a 5-year-old woman after sexually assaulting her, was shot useless whereas he was in police custody.

A Division Bench comprising Chief Justice N.V. Anjaria and Justice Okay.V. Aravind issued the route whereas listening to a PIL petition filed by Individuals’s Union of Civil Liberties (PUCL), Karnataka.

Elevating doubts about police claims on the encounter dying, the PUCL had sought preservation of physique of Ritesh Kumar, a migrant employee from Bihar, whereas expressing apprehension that his physique was more likely to be cremated. The petitioner additionally identified the rules issued by the apex court docket in PUCL vs. State of Maharashtra, in 2014.

‘Not properly positioned’

Nonetheless, the Bench termed as “not properly positioned” the petitioner’s declare that the useless physique of the accused could be cremated, because the State Advocate Normal informed the court docket that that physique of an accused particular person, who dies in police encounter is permitted solely to be buried as per the norm because the physique could require to be exhumed for investigation at a later stage.

The A-G identified to the Bench {that a} First Info Report (FIR) has already been registered and the investigation has already been handed over to Prison Investigation Division (CID) by way of the apex court docket’s pointers whereas making it clear that the federal government is sure to observe the apex court docket’s pointers on this case.

Additionally, the A-G informed the court docket that query of disposing the useless physique doesn’t come up on this case because the autopsy was not executed because the physique is but to be recognized by his mother and father or any kinfolk as per the norm. The A-G additionally stated that the authorities will protect pattern of elements of the physique, if taken for evaluation, for investigation goal.

In the meantime, the Bench adjourned additional listening to on the petition until April 24 whereas directing the federal government to arrange a panel to conduct postmortem and videograph inquest as per the apex court docket’s pointers.