New Delhi, Sep 29 A Delhi court on Tuesday directed an investigation into the possible role of Gurugram Police officials and a doctor in the handling of real estate professional Yuvraj Singh Manchanda's body, saying their involvement in the disappearance of evidence "cannot be ruled out".
Judicial Magistrate Rahul Jain directed a copy of the order be sent to Gurugram deputy commissioner of police (DCP), citing "grave" procedural lapses by Badshahpur police station personnel, including delay in uploading details related to the body on ZIPNET, besides failure to videograph post-mortem proceedings, and intimate the executive magistrate.
The court said, "Let a copy of this order be sent to the DCP Gurugram, having jurisdiction over PS (police station) Badshahpur, regarding procedural lapses by officials of PS Badshahpur, including delayed ZIPNET entry, failure to conduct post-mortem videography, and failure to inform the executive magistrate."
The court directed the DCP to file a report within two weeks and summoned Dr Manav Chauhan, Medical Officer, Civil Hospital, Gurugram, to personally appear and explain discrepancies in the post-mortem report.
The court was hearing two applications filed by Manchanda's sister Harsimran, one demanding judicial monitoring of the investigation and another seeking production and preservation of records, evidence, physical items and digital material held by Badshahpur police station.
Senior advocate Amit Prasad, appearing for Harsimran, submitted that there were multiple lapses on part of Gurugram Police in handling the body, including cremating it as an unidentified person without cross-checking missing-person reports in adjoining jurisdictions, despite an FIR over Manchanda's disappearance having already been registered at Lajpat Nagar police station.
The court noted that the unidentified body was recovered September 10 but its particulars and photographs were uploaded on the ZIPNET database -- an integrated online platform used by law enforcement agencies to circulate information about missing persons and unidentified bodies -- only on September 16, two days after it had been cremated.
It observed that this was a "clear negligence" and failure to follow the standard operating procedure for unidentified bodies.
"There was a delay of six crucial days in uploading this data. This delay not only affected evidence preservation but also denied the family their right to perform the last rites of the deceased. The complainant not only lost her brother allegedly to a brutal murder but could not even see or cremate his body due to the lapses of the Gurugram Police," the judge said.
The court further noted that the body was kept in a mortuary for 72 hours but the failure to upload its details on ZIPNET during that period effectively defeated the purpose of the identification process.
"The police investigation by IO Chetna Mandia (Delhi Police) shows that the accused disclosed shooting the victim twice near his neck. There have been further recoveries of weapon of offence, mobile phone of deceased and other electronic evidence pointing towards the theory that the deceased died due to firing of two rounds at/around the neck," the court said, noting that the body was later disposed in order to conceal evidence.
The court also took note of failure to conduct videography of the post-mortem proceedings and non-preservation of forensic evidence including viscera and samples required for diatom testing.
"The post-mortem report (by Gurugram police) is inconsistent with the investigative theory. It states 'NIL' under external injuries and lists internal structures including the neck, scalp, skull, meninges, chest wall, and ribs as showing 'No Abnormality Detected'. The doctor then concluded that cause of death is ante mortem drowning," the judge said.
The court also questioned the failure to conduct an X-ray of the decomposed body to check for concealed metallic objects such as bullets.
"No X-ray was conducted or mentioned in the report. In ordinary circumstances, bullet paths or projectile injuries penetrating skin, tissue, or bone do not vanish due to decomposition. However, the same could have only been confirmed if post-mortem had been conducted as per protocols," the judge said.
The court noted that norms were flouted during the post-mortem and ordered investigation against the Gurugram Police and the concerned doctor under Section 238 (disappearance of evidence of offence/giving false information) of Bharatiya Nyaya Sanhita (BNS).
"After going through the reports and above circumstances, the role of police officials and the doctor of Civil Hospital, Gurugram in disposing of the body while flouting norms to cause disappearance of evidence cannot be ruled out," the court said.
According to the case record, Manchanda went missing on September 6 and an FIR was registered at Lajpat Nagar police station on September 11. Delhi Police arrested his former colleague Anya Vats and her partner Sanyam Sachdeva from Uttarakhand on September 16.
The court had earlier questioned how the body was cremated along with the deceased's belongings and had raised concerns over the family's inability to perform last rites.
The court has listed the matter for a status report and personal appearance of the medical officer on October 15.
