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Calcutta High Court Directs State To Hand Over Advocate's Unclaimed Dead Body To Bar Association For Performing Last Rites
LIVELAW NEWS NETWORK
2 Aug 2022 6:36 AM GMT
The Calcutta High Court has allowed a PIL seeking handing over of an Advocate's unclaimed dead body to the High Court Bar Association, for performing the last rites.A division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed, the State authorities to "hand over the dead body of deceased Kaushik Dey to the petitioner of the PIL or the Vice President of...
The Calcutta High Court has allowed a PIL seeking handing over of an Advocate's unclaimed dead body to the High Court Bar Association, for performing the last rites.
A division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed, the State authorities to "hand over the dead body of deceased Kaushik Dey to the petitioner of the PIL or the Vice President of Kolkata Bar Association Mr. Kallol Mondal or the Secretary of the Bar Association Mr. Biswabrata Basu Mallick without any unnecessary delay as per rule on completion of due formalities."
This was upon being informed that a post-mortem of the body has already been done and since no one has come forward to claim the body, therefore the dead body has been kept in mortuary of Vidyasagar State General Hospital.
The PIL was filed in consonance to the family like spirit that persists in inherent in the bar as the Learned Late Advocate expired few days back and his body was found on 29th July, 2022 that remained unclaimed. Under such circumstances, the friends of the deceased advocate and office bearers of Bar Association came forward with the plea to hand over the dead body to them for performing the last rites.
The Court also directed the authorities to deliver the original death certificate to the Secretary of the Bar Association, who will safely store it in case a legitimate claimant eventually steps forward. The State authority was also directed to extend full cooperation for smooth performance of the last rites of the deceased advocate. However, the Court made it clear that handing over of the body is for the limited purpose of performance of last rites and will not affect any legal right of any legal heir etc.
The petitioner was represented by attorneys Dipayan Kundu and Biswabrata Basu Mallick. While the State was represented by Advocate N Chatterjee and Advocate General SN Mookherjeea and Advocate Billwadal Bhattacharyya, represented Union of India.
Case Title: Manabendranath Bandhopadhyay Vs. State of West Bengal & Ors.
Citation: 2022 LiveLaw (Cal) 283
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