Man Incorrectly Buried As Per Muslim Rites- Geographical Coordinates Of Man's Grave Located By Saudi Officials: UOI Informs Delhi HC

In a case where an Indian man, upon his death was incorrectly buried as per Muslim rites in Saudi Arabia, the Union of India last week submitted before the Delhi High Court that concerned authorities in Saudi Arabia informed their Indian Counterparts that the geographical coordinates of the grave of the Petitioner's husband had been located by them.

the Bench of Justice Prathiba M. Singh was also apprised by the Director, CPV Division of the Ministry of External Affairs, Union of India that efforts in that regard were continuing, and they were constantly coordinating with the Interior Ministry in the Kingdom of Saudi Arabia.

Indian Man Incorrectly Buried As Per Muslim Rites In Saudi: Delhi High Court Directs Senior MEA Official To Appear Before Court

The matter before the Court

The man, who was identified as Sanjeev Kumar, was an Indian migrant and Indian passport holder and passed away on January 24 in Saudi Arabia due to a cardiac arrest. The demise of the deceased was certified by the hospital concerned, however, the official translator of the Indian Consulate incorrectly translated the said death certificate reflecting the man as a Muslim.

The wife of the deceased man had moved the Delhi High Court seeking directions to the MEA to exhume and transport the man's mortal remains to India for conducting of rites in accordance with the deceased person's religion.

Significantly, the Petitioner (wife of deceased man) has already given a Power of Attorney to an official in the Consulate in Jeddah, and legal proceedings have already been initiated by the Indian Consulate on behalf of the Petitioner, in the Kingdom of Saudi Arabia, in accordance with the law. 

The court appoints Amicus curiae

The Court appointed Dr. Farrukh Khan, ld. counsel, to assist in this matter (as Amicus Curiae), and both, Counsels for the Petitioner as well as the Respondents, have been given the liberty to seek his assistance as and when required.

The Court directed that Dr. Farrukh Khan may extend assistance, as and when required, as to what could be the other steps that could be taken to expedite bringing the mortal remains of the Petitioner's husband back to India.

"Dr. Farrukh Khan may extend assistance, as and when required, as to what could be the other steps that could be taken to expedite bringing the mortal remains of the Petitioner's husband back to India," the Court further added.

The matter has now been listed for further hearing on April 29.

Case title - Anuj Sharma v. UOI [W.P.(C) 3371/2021]

Click Here To Download Order

Read Order