Karnataka HC orders post-mortem of migrant labourer killed in alleged encounter

Karnataka HC orders post-mortem of migrant labourer killed in alleged encounter

Bengaluru, The Karnataka High Court on Tuesday directed the state government to conduct a post-mortem of a migrant labourer from Bihar who was allegedly shot dead by police in an encounter on April 13 in Hubballi.

Karnataka HC orders post-mortem of migrant labourer killed in alleged encounter

Ritesh Kumar had been accused of murdering a five-year-old girl in the city, and police claimed he was killed while trying to flee custody.

A division bench comprising Chief Justice N V Anjaria and Justice K V Aravind issued the order while hearing a petition filed by the People’s Union for Civil Liberties , Karnataka.

The Court emphasised the need to adhere to the Supreme Court’s 2014 guidelines regarding deaths caused by police action.

The bench ordered that the post-mortem be conducted by two doctors at a local hospital.

"Videography must be done throughout the procedure, and samples from the body should be preserved for possible use in further investigations," the Court stated.

Senior advocate Aditya Sondhi, representing PUCL, informed the Court about the nature of the allegations against the deceased and the circumstances surrounding the alleged encounter.

"We are not making any adversarial claims at this stage. Our request is only to ensure compliance with mandatory guidelines," he submitted, seeking interim relief to preserve the body, citing concerns about a possible cremation.

In response, Advocate General Shashi Kiran Shetty, appearing for the State, said an FIR had already been registered and that the Criminal Investigation Department was probing the case.

He clarified that there was no plan to cremate the body.

"In such cases, burial is done—not cremation—so that the body can be exhumed later if necessary. The body will only be handed over to the family for burial after identification," he said.

Taking note of this assurance, the bench observed that the petitioner’s concern regarding cremation was unfounded.

The Court has issued notices to the respondents, returnable by April 24.

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