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Calcutta HC orders second autopsy on BJP worker's body

High court accepts plea by Bijoy Krishna Bhuina's family for fresh post-mortem at central hospital

Tapas Ghosh, Anshuman Phadikar Calcutta Published 04.05.23, 07:24 AM
State BJP chief Sukanta Majumdar at Moyna in East Midnapore on Wednesday

State BJP chief Sukanta Majumdar at Moyna in East Midnapore on Wednesday Picture by Kanishka Maity

Calcutta High Court on Wednesday ordered a fresh post-mortem on the body of Bijoy Krishna Bhuina, the BJP worker from East Midnapore's Moyna who had allegedly been murdered on Monday.

The court also ordered central forces to provide security to Bijoy's family for the next four weeks.


Justice Rajasekhar Mantha passed these orders while listening to a petition moved by Bhuina's family demanding a CBI probe into his death.

"I am happy with the order and hope that the honourable court will give me justice. I do not trust the state police," said Lakshmi Bhuina, the wife of the deceased, reacting to the court's order.

The court has asked the state government to bring Bijoy's body to Command Hospital in Calcutta, where a medical team would conduct the second post-mortem and the entire procedure would have to be videographed.

The lawyers for Bijoy's family had demanded that the second post-mortem be done at a central government hospital since they did not trust those run by the state government. The first autopsy on Bijoy's body was carried out at the Tamluk hospital.

The judge has also ordered the state authorities to allow Bijoy's family to see his body. Suvendu Adhikari, the leader of the Opposition, had alleged that Bhuina's body had directly been handed over to the police by the perpetrators themselves and none of his family members had been able to get a glimpse of the deceased.

Justice Mantha also directed the state to modify and add a bunch of "specific allegations" against those named in the FIR, which was lodged suo motu by the police for initiating an investigation into the alleged murder.

The petitioner's lawyer also alleged that the police had declined to include the names of some accused in the FIR, and hence the court ordered the modification.

Sources said the modifications would be carried out in keeping with the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. This would be done as Bijoy was a member of the Scheduled Caste community.

Bijoy had allegedly been abducted from near his residence on Monday afternoon and later in the evening, his body was recovered from a lake close to his house.

The judge asked the state to file an interim report before his court within two weeks.

Appearing for the state, advocate general S.N. Mukherjee admitted that the victim died because of a gunshot injury. However, he added that the state would not object to the prayer for a fresh post-mortem.

"But if the body is handed over to the family members, there are possibilities of disruption of law and order in the city," the advocate general added, explaining that the police had to register a suo motu case of abduction and murder because nobody was ready to receive the body.

He also claimed that during the first post-mortem of the body, family members were informed. But none of them had responded.

The lawyer appearing for the petitioner, however, alleged that local Trinamul Congress leader Soumen Mahapatra and his followers had abducted Bijoy.

The lawyer also claimed that local police had been trying to shield the main culprits of the case. The judge, at a point of hearing, asked the state lawyers to explain why the post-mortem of the body was conducted after 4 pm on Tuesday.

In reply, the AG informed that a magistrate was present during the post-mortem. According to norms, a post-mortem has to be done during the morning or noon.

Reacting to the development Trinamul's state secretary Kunal Ghosh said that the steps taken by the administration were transparent. "The court's order will be followed by the administration, I'm sure. Our party has nothing to do with this," he said.

Politics over the alleged murder has intensified with the BJP claiming that its 12-hour bandh in Moyna police station area was successful. The strike was called to protest "Bijoy's murder".

BJP activists also blocked roads at 100 points in East Midnapore. In a few places, the protesters clashed with the police.

Adhikari claimed that the arrested BJP worker is Mohonlal Shee, a school teacher and vice-president of BJP's Contai organisational district. He also said Shee was brutally beaten up by the police and added that the Trinamul government was misusing provisions of the IPC and CrPC.

On Thursday, Adhikari will lead a rally at Moyna demanding justice for Bijoy. BJP's state chief Sukanta Majumdar visited Bijoy's family at Moyna on Wednesday evening and handed over financial assistance to them on behalf of the family.

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