As the court started to hear Twisha's father's plea for a second post mortem, the senior counsel appearing for the husband said that granting a second post mortem would be an insult to health services in the State, adding that it must be shown that the parties are aggrieved by the first post mortem.
This is not dispute about integrity, this post mortem prepared by them is not under doubt.
The court is of the opinion that it would be for everyone's good that second post mortem is conducted.
Therefore this petition be allowed with afioresaid direction to conduct post mortem by team by experts at Bhopal by team of AIIMS Delhi and submit a report to investigative agency.
The videography report shall be part of the post mortem report.
The Madhya Pradesh High Court on Friday (May 22) has allowed Twisha Sharma's father's petition seeking a second post-mortem of the deceased to be conducted by a team of AIIMS Delhi doctors, which is to be conducted in Bhopal.
The court passed the order after the State submitted that it shall make logistical preparations for the team of doctors to be constituted by the Director of AIIMS Delhi to come to Bhopal and conduct the second post-mortem.
Twisha Sharma, a 33-year-old woman, was found dead at her matrimonial home in Bhopal on May 12. An FIR has been lodged under BNS Sections 80(2) (dowry death), 85 (cruelty) and 3(5) (common intention) and Sections 3 (giving or taking dowry) and 4 (demanding dowry) of the Dowry Prohibition Act.
Justice Avanindra Kumar Singh passed the order.
As the court started to hear Twisha's father's plea for a second post mortem, the senior counsel appearing for the husband said that granting a second post mortem would be an insult to health services in the State, adding that it must be shown that the parties are aggrieved by the first post mortem.
The plea seeks a direction to the State to secure the mortal remains of Twisha Sharma, which is lying in the mortuary at AIIMS Bhopal, and direct the respondent to conduct a second post-mortem by a duly constituted team by AIIMS Jammu or Delhi to preserve the body at -80 degree celsius
Meanwhile, Solicitor General of India Tushar Mehta, appearing for the prosecution, said, "Accused has no right to oppose, this is matter between court and state. This is not dispute about integrity, this post mortem prepared by them is not under doubt. When a man loses his daughter, if he wants, for my satisfaction another doctor team also examine this, I don't think as prosecution we oppose this...The knowledge of doctor is exemplary. But in CrPC the victim seeks a second opinion, then we do not test competence. AIIMS report is sufficient to bring charges. But if victim wants, I will not object".
The SG said that the accused has no right to oppose a second post-mortem, which is solely between the victim, the court and the State.
However, the senior counsel appearing for the husband said that the deceased's body should be handed over to the in-laws as she was their daughter-in-law and they wanted to perform her last rites.
While dictating its order, the court said:
"When this court wanted to know what would be best option, whether to take body to Delhi or to call the expert team constituted by Director AIIMS Delhi and who can come by flight, the Advocate General submitted that they will arrange all the logisticals and whatever committee is constituted at the earliest they can come to Bhopal and conduct the post mortem... The court is of the opinion that it would be for everyone's good that second post mortem is conducted. This court requests Director AIIMS New Delhi to constitute a team of experts who can come by special flight arranged by state government at the earliest. Since this order has to be communicated to Director officially, it would not be proper to fix rigid timeline. Therefore this petition be allowed with afioresaid direction to conduct post mortem by team by experts at Bhopal by team of AIIMS Delhi and submit a report to investigative agency. Needless to say postmortem be conducted with full dignity of the body and a videography shall be done. The videography report shall be part of the post mortem report. This petition is allowed and disposed of".
Case title: Navnishi Sharma v State of Madhya Pradesh WP/19119/2026
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