Karnataka HC Orders Post-Mortem of Migrant Labourer Killed in Alleged Police Encounter
Bengaluru, April 16, 2025:
In a significant move addressing concerns around custodial deaths, the Karnataka High Court has directed the state government to conduct a thorough post-mortem of Ritesh Kumar, a migrant labourer from Bihar who was allegedly shot dead by the police in an encounter in Hubballi on April 13.
Ritesh Kumar had been accused of murdering a five-year-old girl in the city. According to the police, he was killed while trying to escape custody. However, the circumstances surrounding the encounter have raised serious questions, prompting the People’s Union for Civil Liberties (PUCL), Karnataka, to file a petition in the High Court.
A division bench comprising Chief Justice N V Anjaria and Justice K V Aravind heard the plea and emphasized the importance of following the Supreme Court’s 2014 guidelines regarding deaths resulting from police action. These guidelines mandate a fair and transparent investigation process, especially in cases of alleged extra-judicial killings.
The court directed that the post-mortem be conducted by two doctors at a local hospital, with the entire procedure to be videographed. Additionally, biological samples must be preserved for possible use in future investigations.
Senior advocate Aditya Sondhi, appearing for PUCL, clarified that the organization was not making adversarial claims but was simply seeking compliance with the Supreme Court's protocols. He also expressed concerns about a potential cremation of the body, which could hinder further investigation.
Responding to this, Advocate General Shashi Kiran Shetty, representing the State, assured the court that the Criminal Investigation Department (CID) was already investigating the case. He also clarified that cremation was not the standard procedure in such cases and that burial would be carried out instead, allowing for exhumation if necessary. The body, he said, would be handed over to the family only after proper identification.
Taking note of these submissions, the bench ruled that the concern about cremation was unfounded and issued notices to the concerned parties, which are returnable by April 24.
The case has sparked broader discussions about police accountability, especially in cases involving vulnerable migrant workers. Human rights groups have welcomed the court's proactive stance and called for a transparent investigation to ensure justice is served.
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