In cases of discrepancies in the postmortem report and the opinions of the examining doctors, and when two experts appointed by the court are at variance, it is appropriate to order a second postmortem by a neutral and independent team of forensic experts to ensure the administration of justice.

Mr. C.T. SELVAM, J.

1. Pursuant to the filing of the above Habeas Corpus Petition, the petitioner came up with a miscellaneous petition in M.P. No. 1 of 2013. On 10.7.2013, we passed the following order in M.P. No. 1 of 2013 in H.C.P. No. 1265 of 2013:

“Despite this State being the forerunner in social reforms, despite its boasting of the tallest leaders in support of the cause, the infamous ‘Dharmapuri incidents’ have demonstrated that we still are to rid our minds of the cobwebs of caste and communal prejudice. The death of Elavarasan is a sad sequel.

2. This Habeas Corpus Petition has been moved by the petitioner, who informed of being a friend of the deceased Elavarasan. As originally filed, the prayer sought was for:

“directing the first respondent to conduct the postmortem of the deceased Elavarasan body now kept at Government Hospital, Dharmapuri, either at Government Hospital, Chennai or Government Hospital, Coimbatore by a team of Doctors and among the team one Dr. Dekal, Anna Nagar, Chennai, the choice of victim family and the postmortem proceedings may be videographed as per the guidelines of National Human Rights Commission to secure the ends of justice.”

3. The matter was mentioned before us at 10.30 a.m. on 5.7.2013. Then, we were given to understand that the Superintendent of Police, Dharmapuri, had assured Mr. R. Sankarasubbu, learned counsel for the petitioner, that he would withhold the postmortem till 11.30 a.m. so as to enable the petitioner to obtain orders upon the original petition. On our permission, the matter was brought and taken up for hearing at 12.15 p.m. on such date. At such instance, we were informed by learned Public Prosecutor that the postmortem had been commenced at 7.00 a.m. and completed by 11.15 a.m. Hence, M.P. No. 1 of 2013 in H.C.P. No. 1265 of 2013 came to be filed seeking the following relief:

“directing the first respondent to conduct re-postmortem of the deceased Elavarasan, son of Elango, now kept at Government Hospital, Dharmapuri, by a team of Doctors along with Doctor Dekal, Forensic Expert, Anna Nagar, Chennai, the choice of victim family and to permit videograph the postmortem at petitioner’s choice as per the guidelines of National Human Rights Commission to secure the ends of justice, pending disposal of the Habeas Corpus Petition.”

4. The deceased Elavarasan and a girl, by name Divya, belonged to different communities. Being in love, they had eloped. The father of the girl committed suicide. This led to a huge communal backlash as a result of which several houses of members of the other community were damaged as also set ablaze. The incident presently is, infamously referred to as the ‘Dharmapuri incidents’. The mother of the girl preferred a complaint against the deceased complaining of offence under Section 366 IPC. Divya was produced before learned Judicial Magistrate I, Dharampuri and she expressed her desire to live with Elavarasan informing that both of them were married and that she left her parental home on her own accord. She was permitted to go along with Elavarasan. H.C.P. No. 421 of 2013 came to be filed by the mother before this Court. In proceedings therein, Divya was produced and she informed that she was neither kidnapped nor illegally detained. The matter was adjourned and directed to be posted before a different Division Bench. The production of the girl was required on 6.6.2013. On 4.6.2013, Divya left her matrimonial home to visit her mother and thereafter, did not return. She appeared before this Court on 6.6.2013 and expressed her desire to live with her mother. It is in such scenario that the body of the deceased Elavarasan was found near Arts College Railway Track, Dharmapuri, on 4.7.2013 at 3.00 p.m.

5. His postmortem report reads as follows:

“Post-Mortem Certificate

P.M. No. 332 of 2013

Dated: 5.7.2013

Regarding the body of a male aged about 20 years, named E. Elavarasan, S/o Elango, requisition received at 6.00 a.m. on 5.7.2013 from the Deputy Superint