Kallakurichi student death: Supreme Court rejects father’s plea to stay second post-mortem

A division bench of the court asked the father why it should appoint an independent panel of doctors for the family.

ByShilpa Nair

Published Jul 22, 2022 | 12:20 PMUpdatedAug 16, 2022 | 3:33 PM

The Solicitor General sought time from the Supreme Court to file the reply to the petitions challenging the decision to scrap reservation. (Commons)

The Supreme Court on Thursday, 21 July, allowed the father of the class 12 student who allegedly died by suicide in Tamil Nadu’s Kallakurichi to withdraw his plea seeking the inclusion of a doctor of his choice in the panel of doctors constituted to conduct the second post-mortem of the body.

A division bench of Justice BR Gavai and P Narasimha questioned the father as to why they should appoint an independent panel of doctors for the family.

“Between the court (Madras Hight Court) and you, who should be trusted?” the Supreme Court asked.

After listening to the arguments from both sides, the Supreme Court asked the father two options: Either withdraw the plea and move a fresh application in the Madras High Court, or have the apex court dismiss it. The family chose the former and withdrew their plea.

The Madras High Court on 18 July appointed a team of three doctors to perform the second post-mortem of the 17-year-old girl as the family suspected foul play in her death and were not satisfied with the way first post-mortem was carried out.

The high court had also ordered the family to receive the body immediately after the second post-mortem.

Since the parents of the student wanted a doctor of their choice to be included in the panel of medical experts appointed by the high court, they approached the Supreme Court on 19 July.

The Supreme Court refused to stay the second post-mortem.

The high court-appointed forensic experts went ahead with the second post-mortem. The parents of the student refused to receive the body, insisting that they would do so only once the apex court hears the Special Leave Petition filed by them.

Rahul Shyam Bhandari, the lawyer for the grieved family, said, “The state was not acting in a fair manner. Sexual assault and murder allegations are not being taken seriously by the police.”

Family refusing to receive body

On Thursday, 21 July, afternoon, the Tamil Nadu government approached the bench of Justice N Satish Kumar of the Madras High Court seeking directions to the family to receive the body of the girl. The state also sought an urgent hearing in the matter.

Responding to this, the counsel of the girl’s father said that the state government went ahead with the second post-mortem in the absence of the parents, and told the judge that the apex court had given them the liberty to seek a doctor of their choice and move a fresh application regarding the same in the high court.

Directing the police and the lawyer of the petitioner to produce a copy of the Supreme Court’s order, Justice Kumar adjourned the hearing to Friday, 22 July.

Death and violence

The girl was found dead on 13 July and school administration claimed she died by suicide. However, the victim’s parents claimed that the girl was tortured and then thrown off the hostel.

Protesters damaged a police van during the violence in the school.

The student’s outfit and the public pelted stones at police and attacked their van within the school premises. Photo: South First/ Umar Sharieef

Members of student groups and relatives of the victim protested near the school on Sunday, 17 July, demanding justice for the student, but then went on a rampage after talks with the administration and the police failed to satisfy them.

The protestors torched school and police vehicles, stole school property, and pelted stones at security personnel.

The Kallakurichi police initially arrested the school chairman, principal, and secretary in connection with the incident. A day later, two teachers were also arrested.

For their failure to anticipate and prevent the large-scale violence, the state government transferred District Collector PN Sridhar and SP P Selvakumar minutes before a fresh post-mortem of the girl’s body was conducted.

The Tamil Nadu DGP later constituted a Special Investigative Team to find out if there was a conspiracy behind the violence.