In a move to instill public confidence, the court directs an expert team from AIIMS, New Delhi, to conduct a second post-mortem of the deceased who died within six months of marriage.
In a significant development, the Madhya Pradesh High Court, presided over by Justice Avanindra Kumar Singh, has ruled in favor of conducting a second post-mortem examination of Smt. Tvisha Sharma, whose death occurred under suspicious circumstances within six months of her marriage. The decision was delivered on May 22, 2026, in response to a writ petition filed by Navnidhi Sharma, the father of the deceased, under Article 226 of the Constitution of India.
The petition sought the court's intervention to preserve the mortal remains of Tvisha Sharma and to restrain the authorities from proceeding with the cremation until a second post-mortem was conducted. The initial post-mortem, carried out by doctors at AIIMS Bhopal, did not face any direct allegations of incompetence or bias. However, given the sensitive nature of the case and the public interest involved, the court emphasized the necessity of a second examination to dispel any doubts and to reinforce public confidence in the investigative process.
The court directed the Director of AIIMS, New Delhi, to assemble an expert team to carry out the post-mortem in Bhopal. The decision underscores that such actions are not an indictment of the first post-mortem or the medical personnel involved but are intended to ensure transparency and maintain public trust.
Solicitor General Tushar Mehta, representing the respondents, supported the decision, highlighting that the second post-mortem is a measure to bolster the common person's confidence in the investigation process. The Advocate General of Madhya Pradesh assured the court of all logistical support for the expert team's travel and the conduct of the examination.
The court's order mandates the videography of the entire procedure, which will be included in the final post-mortem report to be submitted in a sealed envelope to the investigating agency. This move aims to further enhance the credibility of the investigation.
The case also references a related matter, "Samarth Singh v. The State of M.P.," where similar concerns were raised, reflecting the broader implications of the court's decision on ensuring justice and transparency in sensitive cases.
The judgment reflects the judiciary's proactive stance in handling cases involving potential dowry-related deaths, reinforcing the legal framework to address such critical issues with due diligence and fairness.
Bottom Line:
Second post-mortem examination of the deceased's body may be directed to ensure transparency and instill public confidence, even when no direct allegations are made against the initial post-mortem report or the conducting doctors.
Statutory provision(s): Article 226 of the Constitution of India, Sections 80(2), 85, and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 3 and 4 of the Dowry Prohibition Act.
Navnidhi Sharma v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2904722
