Bombay High Court Seeks DG Shipping's Stand On Plea For DNA Test Of Seafarer's Remains Killed In Iranian Missile Strike

The Bombay High Court on Monday (April 06) ordered the Directorate General of Shipping established under the Union Ministry of Ports, Shipping and Waterways to clear its stand on a plea seeking DNA tests of the mortal remains of an Indian Seafarer, who died in Oman coast due to an Iranian missile strike.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was informed that MKD Vyom, the vessel on which Dixit Solanki worked as an Oiler in the Engine Room, could only manage to bring in some "charred bones."

"From March 1 onwards, the ship's captain kept giving contradictory reports. We were initially told that Dixit was injured, then we were informed he is missing and subsequently, we were informed that he has died," advocate Pradnya Talekar submitted before the bench.

The counsel further told the judges that soon after the instant petition came to be filed, the Indian Consulate intervened in the matter and brought the mortal remains.

"Now the vessel authorities state that they could manage to recover only a few charred bones from the ship. Unfortunately, there is no body recovered. All that they have brought in India is some four to five charred bones. We want a direction from this court to the authorities to forthwith conduct a DNA test on the same," Talekar submitted.

Talekar further relied on an email sent to the father of the deceased today morning (April 6) by the DG, Shipping, Mumbai, which too spoke about the necessity of a DNA test on the mortal remains.

When asked to specify its stand on the issue, the counsel representing the DG, Shipping sought time to take instructions. The bench, accordingly, granted time till tomorrow and adjourned the hearing till April 7.

The petition filed by Amritlal Solanki and his daughter, states that they were informed on March 1 by Captain Sadler Rebeiro, the operations manager of the vessel, that Solanki sustained injuries due to an Iranian missile strike. The family was further informed that their son was missing due to a hole on the shipside.

"It was informed that except our son all other crew members were rescued but our son was left behind on the ship, still unconscious. Despite follow-ups there was no further update, and we wrote an official communication to the shipping company seeking immediate intervention in the matter. Another email was sent by Captain Rebeiro Sadler stating that the missing person (Solanki) has now been declared as deceased," the plea states.

Further, on March 3, it was informed to the family that the vessel was unmanned and being towed towards Khor/Fakkan/Fujairah and that nobody could board the vessel for safety reasons.

The petitioners, therefore, alleged "inaction" on part of the authorities in repatriating the remains of their son.

"The petitioners have a right to receive the mortal remains of the deceased family member and perform rites guaranteed underArticle 21 of the Constitution of India," the plea underlines.

The plea further argues that the authorities are under a legal obligation to ensure speedy repatriation of the mortal remains of the deceased in view ofArticle 21 of the Constitution of India read with the provisions of the Merchant Navy Act, 2025 and the rules framed thereunder.