Court details procedure for magisterial inquest
A Delhi court, monitoring the probe into the death of a murder convict in Tihar Jail days before his sentencing, has given out a detailed procedure for inquest into cases of custodial rape, death and disappearance, capped by a sensitised magisterial approach.
Additional sessions judge Kamini Lau emphasised that judicial inquiry into custodial deaths and other incidents in custody should be conducted fairly, independently and expeditiously.
“As soon as information regarding custody death is received by any magistrate it is necessary that the magistrate conducting the inquest proceedings, personally examines the body and takes a note of the condition of the same and if required, to get photography or videography of the dead body conducted after which the post-mortem of the same should be got conducted,” ASJ Lau said.
Emphasising that the scene of the incident should be inspected at the earliest and all vital evidence, including CCTV footage, if available, be secured, the judge said that other inmates who had last seen the deceased alive or are in the know of any important fact should be examined without any duress.
The ASJ spelt out the detailed procedure for inquests in her order, which she gave after custodial death of murder convict Shanker, found dead in his cell in the wee hours of December 1.
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