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Synopsis

The Supreme Court on Tuesday refused to stay second postmortem of a minor girl killed in her school premises, directed by the Madras High Court. The Father of the deceased had sought direction that the postmortem should be done by a team of doctors among which one Forensic expert of his choice should be allowed. 

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli while hearing the urgent mentioning refused to grant stay on the re-postmortem directed by the High Court.

However, the bench has agreed to hear the deceased girl's father's petition listing it for July 20, 2022.

The Madras High Court has transferred the investigation to Crime Branch, Crime Investigation Department (CB-CID) into the death of the petitioner's minor daughter aged about 16 years taken place in School Premises at Kallakurichi, Tamilnadu, and further directed a re-postmortem of the minor girl by a team of doctors.

However, the relief to conduct a postmortem by including one forensic expert of choice of the petitioner was denied on the basis that the matter has gained a lot of public outcries, and violence has erupted in the state surrounding this case and at this stage, it is not necessary.

Later today, after the Supreme Court refuses to stay the re-postmortem, the Madras High Court permitted the re-postmortem of the body of the girl, even without her parent's cooperation, the Times of India reported. 

Father in his plea, before the apex court, submitted that he suspects it’s a case of rape and murder and not suicide as suggested by the prosecution. He claimed that his wife lastly spoke to her daughter on July 10, 2022, and everything was fine and she sounded normal.

Additionally, his plea submitted, "On 12th July 2022 deceased in the afternoon has spoken to her brother and requested him to pass a message to her mother that on the coming Sunday, take her back home as mother was expected to meet her before this. The petitioner’s daughter i.e. deceased was a bright child and she has secured 492 marks out of 600 in the 11th standard."

"The Present issue in hand i.e the death of Petitioner’s daughter unfortunately has invited lot of protest and violence in the place Kallakurichi since the issue pertains to suspicious death of a minor girl and violence had broken out in the premises of the school," the plea added.

Further, the father argued that he is only seeking a fair investigation in the matter by means of a proper process of law and he is nowhere connected with the instigation of violence. He is only fighting for the justice of her daughter.

Furthermore, while raising an issue in connection with the first postmortem report, the father submitted that the first postmortem report was not even video graphed and that is the reason he has serious suspicion over the postmortem report.

The 16-year-old girl had allegedly committed suicide over alleged mistreatment by school authorities. Outraged by the incident, there was a huge protest, which led to the ransacking of the entire school building and also torching of about 50 vehicles, including the police officials' vehicles. Many police personnel were also injured

Case Title: RAMALIGNAM VS THE DIRECTOR GENERAL OF POLICE & ORS.