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MHA Is Framing Standard Operating Procedures To Repatriate Mortal Remains Of Citizens From Abroad: Centre Informs Delhi HC [Read Order]

Karan Tripathi
28 April 2020 12:12 PM GMT
MHA Is Framing Standard Operating Procedures To Repatriate Mortal Remains Of Citizens From Abroad: Centre Informs Delhi HC [Read Order]
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Central Government has informed the Delhi High Court that the Ministry of Home Affairs, along with the Ministry of Health and Family Welfare, is in process of forming Standard Operating Procedure (SOP) for bringing back mortal remains of citizens who have died abroad.

The submission was made before the Single Bench of Justice Sajeev Sachdeva, who will now take up this matter on April 27.

The present case pertains to a writ petition filed by a person named Vimlesh Bhat who seeks court's direction to the Central Government to repatriate the mortal remains of his younger brother from Abu Dhabi, UAE.

The younger brother of the Petitioner, aged 24, died in Abu Dhabi on April 17 due to cardiac arrest.

The Petitioner submitted that No Objection Certificate was obtained from the Embassy of India at Abu Dhabi, UAE for repatriating the human remains of the deceased and the same was also flown from Abu Dhabi to India in an aircraft.

However, the Petitioner argued, that despite the requisite clearances being in place, the authorities did not permit the unloading of the mortal remains at Delhi and they were flown back on the same aircraft.

Therefore, the Petitioner submitted that since the family of the Petitioner is resident in India, they are not aware about the present state of the mortal remains of the deceased.

Appearing for the Centre, ASG Maninder Acharya informed the court that the facts of the present case are unique.

Ms Acharya further submitted that the Ministry of Home Affairs and the Ministry of Health and Family Welfare are in the process of framing Standard Operating Procedures so that in future there is no difficulty in similar matters.

It was also informed to the court that a meeting is presently going on at the highest level to consider the Petitioner's case and Ms Acharya would require some time to report about the same.

Ms Acharya further went on to submit that the Central Government shall find out from the concerned Embassy as to the location and condition of the mortal remains of the deceased which were flown back from India.

In light of these submissions, the court granted more time to the Centre to file its report and listed the matter on April 27.

Click Here To Download Order

[Read Order]

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