Court Directs Authorities for Coordinated Efforts in Handling Mortal Remains with Emphasis on Family Involvement and DNA Testing
In a significant ruling, the Bombay High Court has issued directives to ensure the dignified handling and repatriation of mortal remains in the case of Amratlal Gokal Solanki v. Union of India. The Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad emphasized the need for meticulous coordination among various authorities, including the Ministry of External Affairs, Indian missions, and forensic departments, to facilitate this process.
The court's decision comes in response to a writ petition filed by Amratlal Gokal Solanki and another petitioner, seeking the respectful handling and return of the remains of Dixit Amratlal Solanki. The court directed the Deputy Director General of Shipping, Mumbai, to collect the mortal remains in the presence of a family member, ensuring that all necessary formalities are completed. The remains are to be sent to the Forensic Science Laboratory in Mumbai for DNA testing to confirm identity, with the test report to be provided to the petitioners, who are blood relatives of the deceased.
The judgment highlighted the necessity of involving family members in the process to ensure transparency and respect for the deceased's dignity. The court also acknowledged the role of John Pinto International, Byculla, Mumbai, where the mortal remains are currently stored, and stressed the importance of timely coordination between the involved parties.
Counsel for the Union of India, Mr. Rui Rodrigues, informed the court that the authorities are fully engaged in facilitating the process and have provided contact details for the involved entities to expedite the necessary procedures. The court's directives are aimed at ensuring that the entire process is conducted with due regard to the sensitivities involved, and the petitioners' rights are respected throughout.
With these directions, the court disposed of Writ Petition No.4294 of 2026, setting a precedent for the respectful and systematic handling of similar cases in the future. This ruling underscores the judiciary's commitment to upholding human dignity and family rights in sensitive matters involving deceased individuals.
Bottom Line:
Directions issued for dignified handling and repatriation of mortal remains, including conducting DNA tests to confirm identity and ensuring coordination among authorities and family members.
Statutory provision(s): Writ Petition - DNA testing procedures.
Amratlal Gokal Solanki v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2879555
