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Orders to exhume the body of Nimesh, who died in police custody, and conduct a post-mortem examination by a medical board

The Colombo Aluthkade Magistrate’s Court (09) ordered the Colombo Chief Judicial Medical Officer to exhume the body of Sathsara Nimish, who died in Welikada police custody recently, conduct a full post-mortem examination by a medical board consisting of three specialist doctors, and submit a report.

Additional Magistrate Keminda Perera issued the order after considering the request made by the aggrieved party through a motion.

Attorney at law Lakshan Dias, appearing for the aggrieved party, presented the facts before the court,

“Your Honor, this young man has died after being arrested by the Welikada Police and admitted to the Angoda Mental Hospital. However, his mother is not satisfied with the manner in which the post-mortem examination relating to the death of this young man was conducted because his mother has not even been given the opportunity to present her facts. Therefore, there is a suspicious situation regarding this death. Accordingly, the Magistrate’s Court has been given full power to issue orders to conduct a fresh post-mortem examination under Section 373 of the Criminal Procedure Code. Therefore, I request that an order be issued to exhume the body of this young man and conduct a full post-mortem examination by a medical board consisting of three specialist doctors,” he said.

Attorney Senaka Perera, presented evidence before the court in favour of the aggrieved party 

“Your Honor, the deceased’s mother has doubts regarding his son’s death. She has also presented evidence to the court through an affidavit. Before he died, the young man in question had told his mother that he had been assaulted. Later, when the mother went to the police station to take food, she came to know that he had died.” Therefore, I request the court to conduct a new post-mortem examination by a medical board consisting of three doctors regarding this death” Attorney Senaka Perera stated.

Thereafter, officers appearing on behalf of the Criminal Investigation Department presented evidence before the court and stated that they had initially investigated the death through the Nugegoda Police Division.

“Your Honor… As per an order of the Acting IGP, the investigations related to this incident have been assigned to the Criminal Investigation Department. After we took over, the investigations were conducted covering the events from the place where this youth was arrested to the time he was brought to the police and from the police to the Angoda Hospital. Under that, statements were recorded from the people at the place where this youth was staying and from the people he was associated with. Similarly, further investigations are being conducted through CCTV footage. Furthermore, blood samples and body parts of the deceased youth have been forwarded to the Government Analyst for further investigations,” 

The CID officer stated that the CID does not object to the request made by the aggrieved party and requested the court to issue an order that it deems appropriate.

Attorneys Lakshan Dias, Senaka Perera, Prabodha Ratnayake and Dhanushka Silva appeared on behalf of the deceased. Attorney at law Lakshan Dias appeared on behalf of the Bar Association.

Amidst the court proceedings, a silent protest was held in front of the Aluthkade Magistrate’s Court demanding an independent investigation into Nimesh’s murder and an immediate end to police torture. A significant number of people participated in the silent protest.

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