Tue, May 27 01:30 AM
In an unusual order, a judge of the Delhi High Court reviewed his own decision and directed the second post mortem of a dowry-harassment accused, who died under mysterious circumstances while in judicial custody at the Bareilly district jail. "To err is human, and I have erred in this matter", admitted Justice Vipin Sanghi in an order after a special sitting on May 24.
The judge had on May 23 dismissed the petition filed by one Anees qureshi, the brother of the deceased Hashib, seeking a second postmortem. Though the judge had observed that the issue "called for a serious and thorough investigation into the role of jail authorities of Bareilly jail", the petition was rejected on grounds of jurisidiction.
On the basis of a complaint by Hashib's wife, a resident of Delhi was arrested by UP police on May 9, 2008 and produced in Rohini courts. He was lodged in Bareilly jail the next day after the local court rejected his bail.
On May 18, Anees got a call from the jailor informing that Hashib was not well. On reaching there he realised that his brother was dead.
When he went to see the body at the Bareily District hospital, he found fresh injury marks on Hashib's body. It appeared that he had been hung by his hands, which were found stiff above his head.
His feet were broken and soles were bent. His entire face had swollen.
The body was handed over to Aseem after a postmortem. Not ready to buy the contention of the jail authorities that Hashib had died of heart attack, Anees brought the body to Delhi and sought a second post mortem.
After a lower court in Rohini rejected the demand, Anees knocked the doors of the High Court. Justice Sanghi had on May 23 dismissed the petition after counsel for the state Mukta Gupta said since the death had taken place in Bareilly(UP), only the Allahabad High Court had the jurisdiction.
Said Anees's lawyer Jayshree Satpute: "On the morning of May 24 I got a call from the High Court and was intimated that Justice Sanghi wished to review the order and in a special sitting on a Saturday allowed the petition. I really appreciate the sensitivity shown by Justice Sanghi".
Touching upon the rethink, Justice Sanghi said in the order: "Upon a reflection, I felt the urgency and sensitivity with which this matter required consideration had escaped my attention and #8230;I am in a position to correct the error committed by me".
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