The Karnataka Excessive Courtroom on Tuesday allowed the burial of the accused migrant labourer from Bihar who was allegedly killed in a latest police encounter in Hubballi district.
The deceased, Ritesh Kumar, who was accused of murdering a five-year-old woman, was shot at within the leg and again throughout an escape bid when he allegedly attacked the police on April 13. In response to the police, he was later declared lifeless when taken to the Karnataka Medical Faculty and Analysis Institute in Hubbali.
The Individuals’s Union for Civil Liberties, which had initially moved the court docket, had additionally expressed issues relating to the topic of the obligatory First Info Report (FIR) after the taking pictures. The matter was heard by a Division Bench consisting of Chief Justice N V Anjaria and Justice Ok V Aravind and is ready to be heard once more on Friday.
Within the earlier listening to, the PUCL had raised issues relating to a potential cremation of the physique earlier than postmortem, with the state noting that solely a burial might be permitted in such instances because the related tips could be adopted.
The Excessive Courtroom additionally said that the post-encounter tips laid down by the Supreme Courtroom within the Individuals’s Union of Civil Liberties v State of Maharashtra case must be adopted.
The Bench on Tuesday permitted the request from Advocate Common Shashikiran Shetty to bury the physique as autopsy had been accomplished. The PUCL, represented by senior advocate Aditya Sondhi, expressed concern relating to the truth that the FIR was filed towards the deceased accused relating to the taking pictures and never with regard to the investigation of the taking pictures itself.
Sondhi additional said, “The prayer earlier than your lordships….is to have the enquiry dedicated both by a retired decide or by an unbiased investigating company”. The AG responded that the matter had been referred to the CID and never the native police.
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The Excessive Courtroom is ready to go a extra detailed order within the matter after the copies of the FIR are examined by the Bench on Friday.
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