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Synopsis

The Calcutta High Court on Tuesday ordered the state to produce a status report in the form of an affidavit in response to a petition claiming the murder of a BJP worker and the forcible cremation of his body by the police.

The Single bench of Justice Jay Sengupta directed that the report should also contain a copy of the postmortem report of the deceased to be filed on July 11, 2013.

In this case, the petitioner’s husband was taking part in a political campaign in the Panchayat Election, 2023. She claimed that her husband was threatened with dire consequences by supporters of the ruling party. Meanwhile, the petitioner’s father died due to natural causes. Some people from the opposition entered his house ad assaulted him and his wife. Petitioner’s husband had lodged a complaint, but the police forcibly took away the dead body of the petitioner’s father.

The miscreants again came and brutally assaulted the petitioner’s husband. The husband succumbed to the injuries. She also requested the Superintendent of Police the preservation of the body for postmortem, but the police officer had cremated the body of the petitioner’s husband.

The counsel appearing for the State submitted that the dispute between the relatives over property is being given the colour of political vengeance. There was a dispute between the man and his brother’s wife regarding the property in question. Petitioner’s husband had committed suicide and police took proper steps and had a postmortem examination of the dead body. The State would like to file a detailed report in this regard.

The court directed the state to file a report as an affidavit.

Further, the court also directed that the State shall ensure the petitioner's safety and security and take proper steps in this regard.

The matter is listed on July 13, 2023.

Case Title: Smt. Baishali Samanta @ Baisali Maparu (Samanta) v The State of West Bengal & Ors