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The Times of India
The Times of India
National
TNN

Doctors can take call on tests to detect custodial torture: Kerala HC

KOCHI: Doctors examining an accused can continue to conduct medical tests as they deem fit to detect internal injuries from custodial torture, the high court has ordered.

Justice PV Kunhikrishnan also ordered the state government to finalize within two months its proceedings in issuing a modified government order on the guidelines to be followed by doctors while examining an accused.

The court’s order came on a petition by doctor Prathibha K of Malappuram filed through advocate R Gopan.

Through the petition, the doctor had highlighted the dilemma caused by a director of health’s circular of June 14 to keep in abeyance an earlier circular of June 4 as part of implementing the recommendations of Justice K Narayana Kurup Commission that probed the Rajkumar’s custodial death.

The Commission had recommended that doctors examining an accused should obtain test reports such as renal profile, creatine phosphokinase (CPK), urine myoglobin, and c-reactive protein (CRP) to detect internal injuries if custodial torture is suspected. The circular of June 4 had mandated the same for all accused, resulting in jail authorities insisting that all accused being admitted to the jail must have undergone these tests.

Following this, the circular of June 14 was issued, leaving doctors in a dilemma while police began insisting on noting external injuries of accused alone.

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