Bombay High Court Orders DNA Testing Of Mortal Remains Of Indian Seafarer Killed In Iranian Missile Strike

The Bombay High Court on Tuesday (April 7) ordered the Director General, Shipping to hand over the mortal remains of the Indian Seafarer, who died due to an Iranian missile strike near Oman Coast, to the Director of Forensic Science Laboratory (FSL) in Kalina, Mumbai for conducting a DNA test of the same.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad further ordered the authorities to obtain the DNA reports from the FSL, Kalina and hand over its copy to the family members of Dixit Solanki, who worked as an Oiler in the Engine Room onboard MKD Vyom.

"We direct the DG, Shipping to collect the mortal remains of the deceased from the vessel owner in presence of any one of the family members of the deceased, who shall receive the same by signing the requisite documents and complete the technical formalities. The remains should then be handed over, under proper caring, to FSL, Kalina for conducting a DNA test," the judges ordered.

The bench further ordered, "Once the report is received, a copy of the same be handed over the family members of the deceased."

The bench, however, refused to consider the request made by advocate Pradnya Talekar, the counsel representing the Solanki family, who urged for a "timeline" to be framed for submitting the DNA report.

"The request cannot be considered. We cannot put any such timeline," CJ Chandrashekhar orally said, while disposing of the plea.

The bench was hearing a petition filed by Amritlal Solanki and his daughter, which sought proper DNA tests on the mortal remains of Dixit Solanki so that they can accept the same.

On a hearing conducted on Monday (April 6), the bench was informed that the ship's captain had been misleading the Solanki family since March 1 by giving "contradictory" reports on Dixit's status.

And finally on April 6, the family was told only some "charred bones" of the deceased could be recovered, which the family refused to accept without a DNA test and therefore, demanded a proper DNA testing of the said remains.

According to the plea, the family was 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 stated.

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 underlined.

The plea further argued 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.