The court has ordered a second post mortem of the man who died in custody. (Representational)
The West Bengal government on Wednesday filed an appeal before a division bench of the Calcutta High Court challenging a single bench judgement ordering a second post mortem examination on the body of a man who allegedly died in judicial custody "due to torture".
The single bench of Justice Rajasekhar Mantha on Tuesday ordered the second autopsy on the body of Madan Ghorai alias Kalipada, who the BJP claimed to be its active worker, on the appeal by his brother alleging that he was tortured in custody in Purba Medinipur district.
The state government filed the appeal against this verdict in the division bench comprising justices Sanjib Banerjee and Arijit Banerjee and the next date of hearing was fixed on November 3.
Madan Ghorai was brought to a state-run hospital in Kolkata from a correctional home in the district and he died there last week. The victim's elder brother had moved the high court for a second autopsy claiming that the first one was not properly conducted.
On October 16, the single bench had said that since there are allegations of unnatural death and that too in custody, it was acceding to the request of the petitioner for a second post mortem examination.
Challenging the order, the West Bengal government moved an urgent appeal before the division bench of justices Sanjib Banerjee and Arijit Banerjee on the same day. The division bench passed an interim stay on it saying the single bench will hear the matter again.
After hearing the case afresh, Justice Mantha on Tuesday directed that a second postmortem examination be held on the body of Madan Ghorai
Petitioner Swapan Ghorai submitted that his brother was accused of kidnapping a woman in East Medinipur district and was in judicial remand since September 27 following his arrest.
The petitioner alleged before the court that his brother might have been tortured in custody and also claimed that he was brought to Kolkata for treatment from the correctional home in the district without the knowledge of the family.