Legal Question in Criminal Law in India

15 years back my aunt's charred deadbody was found at her home in Tamilnadu, India. We suspect our uncle to be the murderer. Till this date the tamilnadu police has not filed any case either as murder or as suicide. My uncle's family hurriedly conducted the funeral without informing anyone and simply sent a message that my aunt committed suicide.

Now, we would like to open a case against my uncle and bring him in front of justice. What to do? Can we use the Right to Information Act to collect information from the local police station in the area where my aunt resided last? Can I use the RTI Act to collect the post mortem report if any from the local government hospital?

Be it a murder or a suicide, we want justice for our aunt. What is the right step to take ? Can we open a Women's public interest litigation in the Tamilnadu High court and request the court to order the police to take action on this death case?


Asked on 8/11/10, 1:32 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

You may seek the information under the RTI Act, be it may from local police or local govenment hospital. Surely, you can. But I am worried since too much water has already flown through the Ganges of the Sourth over these 15 years. 15 years back records were manual. But still you may try. Once you have the information, then only the quality of info you have collected, will enable one to opine whether or not Writ before the Hon'ble High court would bear some fruit. Latches / Delay in moving high court would be going to be in favour of the uncle.

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Answered on 8/12/10, 12:49 pm


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