Post Mortem : When directions can be issued for a Second Post Mortem

Calcutta High Court Orders Second Post Mortem Amid Allegations of Inadequate Initial Reports. High Court mandates videographed second autopsy under judicial supervision to resolve discrepancies in mysterious deaths case  

In a significant development, the Calcutta High Court has directed a second Post Mortem for two victims involved in a suspicious death case, challenging the adequacy of the initial autopsy reports. The decision was pronounced by a Division Bench comprising Justices Debangsu Basak and Prasenjit Biswas, following appeals from the victims' relatives who expressed dissatisfaction with the original Post Mortem findings.

The case revolves around the deaths of two individuals on July 12, 2025, under mysterious circumstances. The appellants, who are de facto complainants, argued that the initial Post Mortem Reports failed to specify the actual cause of death and neglected essential features visible on the bodies. They presented photographic evidence purportedly showing injuries not documented in the initial reports, thereby prompting their plea for a second examination.

The High Court acknowledged the appellants' concerns, emphasizing that a Constitutional Court can indeed order a second Post Mortem if adequate grounds exist based on the case's facts and circumstances. The bench cited past judgments, including the precedent set in Gita Rani Roy v. State of West Bengal, where a third Post Mortem was ordered, to underline the court's

Bottom Line:

Second Post Mortem can be directed by a Constitutional Court if there are adequate and proper grounds based on facts and circumstances of the case.

Subhash Chandra @ Chandara Paik v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2765588