Chennai: The Madras high court has directed the state government to preserve the body of Ramkumar without conducting autopsy, till the end of this month to enable his father Paramasivam to approach the Supreme Court challenging the previous orders of the high court.
Justice N. Kirubakaran gave the directive while passing orders on a petition from Paramasivam at his chambers around 10 pm on Friday. “Though this court is not convinced with any of the arguments made by the counsel for the appellant, interest of justice requires understanding the mindset of the appellant, as a father, who apprehends that he lost his son, while in judicial custody, by alleged foul play and therefore, it is appropriate to postpone the date of conduct of postmortem on the body of the deceased Ramkumar til September 30. But at any rate the postmortem shall be done on October 1. Till such time, the body of deceased Ramkumar shall remain preserved in the mortuary of Royapettah hospital. This order is given as a concession, only with a view to do complete justice, to the grieving victim’s family”, the judge added.
The order was passed around 10 pm on Friday night at his chambers.
Earlier in the day in the open court, the judge bemoaned the attitude of various political parties politicizing the issue. The judge accused the parties of attempting to gain political mileage.
Originally, single judge TS Sivagnanam rejected the plea of Paramasivam to permit a private doctor of his choice to take part in the autopsy, on September 19. Aggrieved, Paramasivam preferred an appeal and a division bench of Justices Huluvadi G. Ramesh and S. Vaidyanathan differed with each other over the prayer. While Justice Ramesh opined that appellant’s prayer could be granted, Justice Vaidyanathan had held on the contrary. Instead, the latter suggested inclusion of a government doctor, in addition to the existing three forensic experts, on September 20. Then the matter was referred to a third judge. And Justice N. Kirubakaran passed an order concurring with Justice Vaidyanathan. On his part, the judge recommended bringing a forensic expert from the AIIMS in New Delhi, on September 22.
Today, the urgently moved petition prayed for a direction to the government to preserve the body of Ramkumar, now kept in the mortuary of the Government Royapettah Hospital, as it is till September 30.
Ramkumar, was the prime and lone accused in techie S Swathi (24) murder case. She was allegedly murdered by Ramkumar on a platform in Nungambakkam railway station on June 24. Ramkumar was arrested at Meenakshmipuram in Tirunelveli district, his native place, on July 1.
Earlier, advocate R. Sankarasubbu, making mention before Chief Justice SK Kaul, narrated the sequence of events that had happened till yesterday, when Justice N. Kirubakaran, the third judge nominated to decide the issue of permitting a private doctor of Paramasivam’s choice to take part in the autopsy of his son Ramkumar. Paramasivam prayed the CJ to constitute a five-judges bench to hear the matter again.
Refusing his request, the CJ said that he cannot constitute a constitutional or a full bench at this stage, as already four judges had heard the matter and three of them turned down his repeated plea. The CJ said that he is able to understand Paramasivam’s emotion, but he cannot do anything at this stage. If Paramasivam is aggrieved, he can move the Supreme Court, the CJ added.
Sankarasubbu said Paramasivam will move the Supreme Court but an order may be passed to preserve the body and not to hold the autopsy, till then. The CJ said he cannot pass any such order. If Paramasivam wants, he can approach the portfolio judge. Thereafter, Sankarasubbu made a mention before Justice N Kirubakaran, who later heard the matter in his chambers and passed the present order around 10 in the night.
