By Our Reporter
SHILLONG: The Shillong Bench of the Gauhati High Court on Friday left it to the Judicial Inquiry Commission headed by Justice SP Rajkhowa probing the Shillong jailbreak to take a final call on whether it is essential to call the Forensic Science Laboratory (FSL) examiner and the doctor who conducted the second post mortem upon receiving of the FSL report.
While disposing the writ petition filed by SCAMOD convener Agnes Kharshiing questioning the order of the inquiry commission for rejecting their prayer to call the FSL reports on the pellets retrieved during the 2nd post mortem and calling the witnesses for further evidence, Justice Indira Shah, observed, “The inquiry commission on receipt of the FSL report of the second post mortem may consider whether it is essential to call the FSL examiner and the doctor who conducted the post mortem,”.
She also said that it is for the inquiry commission to decide whether the examination of Sub Inspector RA Sangma who held the first inquest of the body of the deceased is essential for a fair and just decision of the case.
Justice Shah also directed the petitioner to refrain from filing more cases which would delay the submission of the report.
Earlier on February 25 last, the court had directed the State police to produce before the Commission the FSL report of the bullets extracted from the slain ring leader Fullmoon Dhar during the first and second post mortem examination.
Following allegations that the second post mortem report was not produced before the Commission, the court has the police to produce the FSL before the inquiry commission.
Earlier on March 17, the state government gave extension of four more months to the inquiry commission to complete the probe.
On May 31, 2009, seven under trial prisoners led by Fullmoon Dhar an accused in a murder case escaped from the Shillong jail. The next day, Dhar was killed in an alleged fake encounter and others were re-arrested.