Delhi High Court Refuses Special Probe Into Death Of Indian Diplomat In Palestine, Says Findings Inconclusive But No Foul Play

The Delhi High Court has recently refused to order special investigation or inquiry into the death of IFS Mukul Arya, India's representative to Palestine, who was found dead in his residence in Ramallah on March 06, 2022.Justice Sanjeev Narula said that the inquiry in the matter has been multi-layered and that inconclusive findings of autopsy reports do not themselves raise a presumption of foul play. “Limits of forensic science due to decomposition and loss of key evidence are not uncommon. Courts cannot create evidence or order further inquiry where circumstances leave an evidentiary void. Unless there is credible material hinting at deliberate wrongdoing, directions for a further or special investigation, or a Commission of Inquiry, are not justified,” the Court said.Justice Narula disposed of the plea filed by Arya's brother seeking further investigation into the death. It was his case that the deceased, a 37-year-old diplomat, was in good health, serving in a sensitive posting and could not have met with such a sudden and unexplained death without some underlying cause. The brother contended that the circumstances of the death remained suspicious and merited deeper scrutiny through constitution of a Commission of Inquiry. A further prayer was made for directions to the Union Government to compensate the family by paying notional salary for the balance of service, with compounded interest and for grant of extraordinary pension to the mother.Disposing of the plea, the Court said that while the family naturally seeks clarity, answers and accountability into Arya's death, but legal framework requires an approach based on established principles.It added that a writ court is not a forum for embarking upon a broad or exploratory inquiries, as its remit is confined to assessing whether the investigation was biased, superficial, or so deficient as to erode confidence; whether indications of foul play were disregarded; and whether any further direction is required to advance the cause of justice.“Taken together, the affidavits and status reports filed by the Union of India and the State of NCT of Delhi, a consistent picture emerges: the deceased bore no external or internal injuries, no fractures, no signs of poisoning, and no foreign DNA suggestive of third-party involvement. The final medical view, shaped by the limits of decomposition and incomplete preservation of samples, remains inconclusive as to the precise cause of death,” the Court said. It added that while the Palestinian and Jordanian reports suggested ethyl alcohol poisoning possibly exacerbated by Sertraline, AIIMS panelHad found that the available ethyl alcohol level in thoracic fluid alone could not account for the cause of death given decomposition and the absence of blood samples.“In this context, inconclusive findings do not themselves raise a presumption of foul play,” it said. Justice Narula said that if any cogent information pointing to external involvement comes to light, the authorities will be at liberty to act in accordance with law. The Court also said that at the request of the petitioner brother, the authorities shall furnish copies of the medical opinions and status reports to the family.It also rejected the prayer for extraordinary family pension, noting that salary ceases upon the death and that the extraordinary pension rules for civilian officials did not apply in the matter.“This Court is not unmindful of the Petitioner's sense of loss and unanswered questions. But the role of a constitutional court is to ensure the integrity of process, not to substitute speculation for evidence. In the result, while the Court extends its sincere sympathy to the family for their irreparable loss, no further judicial directions are called for on the investigative front. The petition is disposed of in the above term,” the Court said.Title: VARUN ARYA v. UNION OF INDIA AND ORSCitation: 2025 LiveLaw (Del) 1338Click here to read order

Delhi High Court Refuses Special Probe Into Death Of Indian Diplomat In Palestine, Says Findings Inconclusive But No Foul Play

Nupur Thapliyal

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