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Synopsis

The Punjab & Haryana High Court has issued a directive for the Punjab Government to conduct a "second postmortem" of Anuj Kumar, who was implicated in the firing incident outside actor Salman Khan's residence in Mumbai.

The court, presided over by, Justice Vinod S. Bharadwaj, delivered this decision after Kumar, who was in the custody of the Mumbai Police's crime branch, allegedly committed suicide.

Anuj Kumar's case attracted widespread attention due to the circumstances surrounding his death while in police custody. The court addressed the urgency of the matter, acknowledging the concerns raised by Kumar's mother, Reeta Devi, regarding the circumstances of her son's demise. Devi, a resident of a village in Punjab, had pressed for an urgent listing of the case as Kumar's body remained at home, awaiting a fresh postmortem examination.

The petitioner emphasised the need for a fresh postmortem, expressing suspicions of foul play in Kumar's death. It was argued that conducting a new examination of the deceased's body was essential to rule out any possibility of unfair play and to enable the petitioner to seek appropriate remedies if discrepancies were found in the investigation. The plea also expressed concerns about the involvement of the police in Kumar's death, citing statements made by influential individuals prior to his demise.

Notably, Kumar had been taken into custody by the Mumbai Police's crime branch in connection with the firing incident outside Salman Khan's house, which occurred on April 14. Subsequently, he was booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) and remained under police custody until May 8, as per the plea submitted to the court.

During the hearing, the court emphasised that the decision to conduct a second postmortem was made solely to address the apprehensions raised by Kumar's family. The court noted, “the present petition is disposed of, without commenting on the merits of the case and without impleading the State of Maharashtra (where a criminal case has already been registered and the investigation proceedings are pending) at this stage with a direction to the respondent-State to conduct a second postmortem examination of deceased Anuj Kumar.”

In response to the plea, the court considered arguments presented by both parties, including the petitioner's apprehensions and the absence of serious objections from the State.

Ultimately, the court decided to dispose of the plea, directing Devi to hand over her son's body to Guru Gobind Singh Medical College in Faridkot by May 10 for the necessary examination.

Advocate Davinder Singh Khurana represented the petitioners, while Harpriya Khaneka, DAG, Punjab, represented the state during the proceedings.

 

Cause title: Reeta Devi v State of Punjab [CWP-10810-2024]