Forensic surgeons had warned against such a practice saying it is against the hospital administration manual and circulars issued by a former police surgeon. The MSHRC matter is slated for hearing on October 26  wherein Principal Secretary (Public Health), Director Public Health Services and St George’s hospital, may make their written submission on the matter.

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Forensic surgeons have welcomed the MSHRC suo motu cognizance in the case. “The provisions laid down in the hospital administration manual are not followed by various medical officers and medical institutes, within and outside Mumbai, while performing medico legal work, which adversely affects the criminal justice process. Unfortunately, these lacunae impact the medico legal process, and thereby give chance to the accused, to take advantage of the flaws in the medico legal practice, which also leads to a dip in the conviction rate, especially in cases which were homicidal or otherwise,” said a forensic surgeon.

‘A mere excuse’

Dr S M Patil, retired police surgeon, who was also the medico legal advisor to Maharashtra said, “This is nothing but a mere ‘excuse’ for not doing the autopsy. We can understand that if a hospital that is declaring a patient brought dead, does not have the post-mortem facility, the body can be referred to the nearest post-mortem centre. But in this case, both the hospitals declaring the patient brought dead (St Georges), and the referral centre (GT hospital), are amongst the 10 post-mortem centres recognised in Mumbai. Each tossing the body to the other is unfortunate. Such a practice only causes unwanted harassment to the next of kin, who are already in grief.”

Dr Patil further clarified, “In 2008, late Jt CP (Admin) Hemant Karkare had stated in a police circular (internal communication) that post-mortem can be conducted at any nearest post-mortem centre and the police station, in whose jurisdiction the post-mortem centre falls, will complete the medico legal proceeding under a zero register and forward the case to the police station in the locality where the deceased stayed, for further investigation. Also, the police station in the area where the deceased stayed, is to be informed and an ADR (accidental death case) transferred accordingly.”

On his 2019 circular, Dr Patil, clarified, “It was only for the police, in case a body was found in their jurisdiction, so that the autopsy could be done immediately and body handed over within short time to the next of kin. This was the very intent with which the Coroner system was abolished in July 1999 and post-mortem centres started. If a private or a super-speciality hospital anywhere in Mumbai declares a patient brought dead, in such cases, the concerned local police should be aware of the post mortem centre, as per jurisdiction, where the body can be shifted for autopsy, as these private hospitals are not authorised to conduct such medical autopsies.” 

‘Need for change of rules’

Dr Rajesh Dere, secretary, Maharashtra Medico-legal Association said, “There is a need for change of rules regarding jurisdiction and medico legal autopsies in MMR. A high-level committee should be constituted under the state home department, which should comprise senior police officers above DCP rank, police surgeons, representatives from the Medico Legal Association and HODs of forensic medicine and toxicology of government/civic-run medical colleges and the director FSL, Kalina. It can make an SOP, wherein standard norms of practice can be put in place to avoid such situations, which may also hamper forensic investigation, which might be crucial to ascertain the cause and circumstances of death.”