KOLKATA: Courts should not have a magic wand to supply immediate justice, Calcutta HC noticed Sunday whereas listening to a case associated to homicide and alleged rape of a nine-year-old in Bengal’s Joynagar two days in the past that sparked violent protests.
Justice Tirthankar Ghosh made the observations throughout an emergency Sunday listening to, declaring that the larger downside confronted by HCs and SC is that individuals need these establishments to punish these they believed are responsible.Ordering a magistrate-monitored postmortem at a central hospital because the Joynagar deceased’s household had sought, Justice Ghosh pressured that justice is “a step-by-step course of”.
“Courts work based mostly on data earlier than it; they don’t have any private hyperlinks with the petitioner and defendants,” the choose stated. On Saturday, villagers of Mahismari in South 24 Parganas’ Joynagar had clashed with cops and gone on a rampage after the woman’s battered physique was present in a ditch close to her dwelling. Cops arrested Mostakin Sardar, 19, of the village, on fees of murdering the Class 4 pupil. The woman had been lacking since Friday when she left dwelling for tuition.
Justice Ghosh questioned the police’s competition that it couldn’t add sections of Pocso Act earlier than postmortem report was prepared, saying inquest findings had been sufficient for it.
He directed the cops so as to add Pocso sections and produce the accused earlier than a Pocso courtroom, not common courts. The cops had moved HC for an pressing listening to to take away authorized roadblocks to the postmortem.
Acceding to calls for of the sufferer’s kin, police had moved a decrease courtroom, in search of presence of a Justice of the Peace throughout postmortem, however the plea was turned down. The dad and mom additionally needed the postmortem in a central facility. The state instructed the HC that it had no downside.
He then ordered the postmortem at AIIMS Kalyani and requested police at hand over the physique by 11.45am Monday.
The choose stated if AIIMS had the infrastructure, it might conduct the postmortem inside its premises; in any other case, it might achieve this on the close by state-run JNM Hospital Kalyani. If the process is carried out on the latter hospital, solely AIIMs docs would carry out it, the choose directed. HC additionally requested ACJM of Baruipur, South 24 Parganas, to “monitor” the post-mortem.
(With inputs from Tamaghna Banerjee in Kolkata)
