A Bhopal court has dismissed an application filed by the family of Twisha Sharma, a 33-year-old woman who died by suicide at her marital home in Bhopal's upscale Katara Hills on May 12 night, seeking a second autopsy at AIIMS, Delhi. However, the court directed authorities to preserve her body and explore low-temperature preservation facilities in Madhya Pradesh.
Court's Decision on Second Autopsy
Judicial magistrate Anudita Gupta stated that a letter should be issued to the police, instructing them to immediately obtain information regarding low-temperature preservation facilities in Madhya Pradesh and submit a report to the court without delay. The body is currently kept in the mortuary of AIIMS, Bhopal, following an initial autopsy.
Background of the Case
The deceased, Twisha Sharma, was married to lawyer Samarth Singh, son of former district judge Giribala Singh. Her family had been demanding a second autopsy in Delhi, citing alleged lapses in police investigation and the postmortem process.
Court's Reasoning
The court observed that there are no major omissions or defects in the first autopsy report that would warrant a second examination. The first autopsy was conducted at AIIMS, Bhopal soon after Twisha's death. Judge Anudita Gupta, quoting a Madras High Court judgment, emphasized that the conscience of the court must be satisfied that a second postmortem is necessary to arrive at the truth. Minor procedural infractions do not justify ordering a re-postmortem.
Although the police stated they had no objection to a re-postmortem, the court noted that the police had not questioned the legality of the autopsy performed at AIIMS, Bhopal. Furthermore, there is no evidence indicating any collusive or suspicious relationship between the accused and the medical team that conducted the autopsy.
Jurisdictional Concerns
The court also questioned its jurisdiction to order a postmortem at AIIMS, Delhi, since the case is registered at Katara Hills police station in Bhopal. The applicant's request for a re-postmortem in Delhi appears to be outside the court's jurisdiction.
Preservation of the Body
Regarding the family's request to prevent the body from decomposing, the court noted that the body is currently stored at -4 degrees Celsius in the AIIMS Bhopal mortuary. However, AIIMS authorities stated that the body needs to be kept at -80 degrees Celsius, a facility not available in Bhopal. The court directed the SHO of Katara Hills police station to obtain information from medical institutions about low-temperature preservation facilities in other higher medical institutions in the state and report back without delay.
