Calcutta High Court: Full Bench of Rajesh Bindal, ACJ and I.P. Mukerji, Harish Tandon, Soumen Sen, Subrata Talukdar, JJ., decided that the arguments in the case begin from 22-07-2021 after the NHRC submitted its final report vide order dated 18-06-2021. The committee submitted five sets of reports in separate sealed covers along with annexures.

On 02-07-2021, the Court had perused the interim report submitted by the NHRC, and it was derived that stand taken by the petitioners was established. Vide order dated 02-07-2021, Court had directed that second autopsy of deceased Abhijit Sarkar, whose dead body was lying in hospital be undertaken by a team of doctors in the Command Hospital, Kolkata.

Mr Y.J. Dastoor, Additional Solicitor General of India apprised the Court that an autopsy of the deceased has been conducted and report was being prepared. It was further submitted that the brother of the deceased expressed his inability to identify the body on account of its bad condition. Sample for DNA analysis of the deceased has been taken to confirm the identity of the body.

The Court ordered that the samples for DNA analysis of Biswajit Sarkar (brother of the deceased) be taken at the Command Hospital on 15-07-2021 at 11 A.M and he should carry his Aadhar Card at the time of giving his sample. Director, CFSL, Kolkata was directed to conduct DNA analysis of both the samples at the earliest on a priority basis and submit a report to the Court in a sealed cover within one week.

The Court directed that the body of the deceased be shifted back to the Hospital Mortuary and shall be retained in a safe condition until further order.[Anindya Sundar Das v. Union of India, WPA(P) 142 of 2021, dated: 13-07-2021]

Suchita Shukla, Editorial Assistant has reported this brief.

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