Calcutta High Court asks state to ensure judicial magistrates presence during minor’s autopsy

Kolkata: A vacation bench of the Calcutta High Court on Monday verbally directed the state to ensure presence of a judicial magistrate during the autopsy on the minor girl who was allegedly raped and murdered in Murshidabad and her body recovered on Sunday from a sack.

Taking into account that there is no scope for hearing the writ petition before the bench again sits on October 18, the bench of Justices Tirthankar Ghosh and Uday Kumar directed the additional government pleader to make an application through the public prosecutor that a judicial magistrate be present when the post mortem examination is conducted.

“The writ petition may become infructuous because we are not sitting prior to 18th,” the court said and observed that the writ petition involves, according to the petitoner’s advocate, a child being raped and murdered within the district of Murshidabad.

Ghosh also asked the additional government pleader to take assistance of his previous order in the case of alleged rape and murder at Kultali.

When asked if he was passing an order, Ghosh said: “Just requesting, not passing order. Investigation is much more important than an order. Give necessary directions. You are holding an office of Government of West bengal. Please exercise that office.”

The body of a 10-year-old-girl, who reportedly came from Delhi to Murshidabad to visit her grandparents, was recovered from a sack at a neighbour’s house on Sunday. Family members have accused the neighbour of rape and murder.

The police have arrested the 40 year-old neighbour. The police have reportedly initiated a murder case.