HC’s directives to DC Kishtwar in alleged custodial death

Excelsior Correspondent

JAMMU, Nov 21: In a petition filed by father of a young boy, who was allegedly killed in police custody, seeking direction to open the grave for identification of dead-body by way of DNA test, High Court today issued several directions to the Deputy Commissioner Kishtwar.
When the petition came up for hearing, AAG HA Siddiqui appearing for the State submitted that by virtue of letter dated November 16, 2013 Deputy Commissioner Kishtwar has referred the issue to the Director, Central Forensic Scientific Laboratory, Chandigarh.
“The entire effort is to scientifically determine the identity of the deceased with reference to the photographs that are available with the police and the photographs that have been provided by the petitioner”, he said, adding “it is only on the basis of some scientific material that the Deputy Commissioner can take an effective decision”.
However, Advocate S S Ahmed appearing for the petitioner submitted that the process adopted by the Deputy Commissioner, Kishtwar to scientifically determine the identify that too on the basis of photographs is absolutely ridiculous. “The proper procedure is DNA profiling which is possible only after exhumation of body”, he added.
After hearing both the sides, Justice D S Thakur said, “Deputy Commissioner Kishtwar, while taking a decision, shall also keep in mind the particular aspect of the matter as to whether DNA profiling is necessary to come to a proper conclusion”.
“Let a decision be taken positively within a period of four weeks. The Deputy Commissioner shall send a personal messenger to the Central Forensic Scientific Laboratory, Chandigarh to obtain the requisite results not later than two weeks”, the High Court directed.