Autopsy report not yet clear even after 3yrs of HC directives

Despite the lapse of more than three years since the High Court ordered doctors concerned to ensure

clear handwriting in the post-mortem reports of killing incidents and add a typed copy, but the

judgment is not being implemented in many cases.

Still, many doctors are sending the post-mortem report by hand only without a type copy that led to

delay the judicial process to recover the real information.

Legal experts said that post-mortem report is an important document in case of unnatural death

including murder. But due to the unclear handwritten post-mortem report, the trial process was

unnecessarily delayed. Those involved in the judicial process are often in trouble. Therefore, there

is no alternative to implement the HC directive to solve such problems. If this can be done, the

investigation of the case will speed up, they added.

On November 20 in 2019,in an order the then HC bench led by Justice Obaidul Hassan directed the

doctors concerned to write the post-mortem reports of killing incidents in clear hand-writing and add

a typed-copy so that it can be read easily.

The court asked the health secretary, director general of Directorate General of Health Services

(DGHS) and all civil surgeons to take necessary steps to this effect.

The bench came up with the order during hearing a bail petition of a sixteen-year old accused, Md

Arif, in Md Saiful Islam murder case in Cox's Bazar.

Saiful, a student of Khurus Khul High School in Cox's Bazar was killed on February 20, 2017. Dr Sultan

Ahmed Shiraji, medical officer of Cox's Bazar District Hospital, issued the autopsy report on Saiful

which the bench found unclear.

The body was taken to the morgue after the police prepared a report on the condition of the body. The

doctors did the autopsy of the body there. After the post-mortem report is written in the form

prescribed by the government. Many doctors write this autopsy report in obscure characters. As a

result, it will be difficult to find out the real information during the trial proceedings of the

cases filed over the killing incident.

Amid this situation, another Division bench of the High Court wanted to know from authorities

concerned on what steps they have been taken to ensure that doctors concerned provide post-mortem

reports in readable handwriting and add a typed copy with a report.

The bench comprising Justice Md Badruzzaman and Justice SM Masud Hossain Dolon had on January 30 this

year issued the order on a suo motu (voluntary) move during the hearing of a bail petition filed by

one Naiem, an accused in a murder case in Rajshahi.

The bench asked the director general of Directorate General of Health Services (DGHS) was ordered to

submit before this court in 15 days a progress report on implementation of an earlier HC directive on

this issue.

During the proceedings, the HC judges found that the hand writings of the autopsy report done by

Rajshahi Medical College in connection with the murder case was very unclear and then issued the

order, Naiem's lawyer Advocate Tanoy Kumar Saha said.

Deputy Attorney General Advocate Sujit Chatterjee Bappi, counsel for the state side of the relevant

bench of the High Court, said that the judgment of the High Court is not being implemented in most

cases. Unintelligible and illegible handwritten post-mortem reports are often misrepresented and

unfair advantage is gained by the accused. As many reports are illegible, the state parties also face

embarrassment in court and access to justice becomes scarce.

Criminal law expert Advocate Khurshid Alam Khan told this correspondent that post-mortem report is an

important document in case of unnatural death including murder. But due to the unclear handwritten

post-mortem report, the trial process was unnecessarily delayed.

Both the judges and lawyers concerned are often in trouble due to the unclear hand writing. Therefore,

there is no alternative to implement the HC directive to solve such problems. If this can be done, the

investigation of the case will speed up, he added.

Director General of the Department of Health Professor Dr Abul Basar Mohammad Khurshid Alam said that

we are taking quick steps to implement the directives of the High Court so that the doctors conducting

the autopsy fully obey the instructions of the court.

Responding to a query that why the instructions of that judgment were not implemented even after three

and a half years, he said that they are trying to implement the High Court directives, but it cannot





implement fully due to the lack of manpower.