After High Court Nudge, Indian Citizen's Dead Body To Be Exhumed In Russia & Handed Over To Family In Rajasthan For Cremation

In the case pertaining to burial of an Indian citizen in Russia, the Rajasthan High Court was yesterday informed that his body will be exhumed and repatriated to India for enabling the deceased man's family to perform his last rites.Justice Dinesh Mehta asked both Union and State to make necessary arrangements and ensure that the dead body of an Indian Citizen is handed over to family members at their Village Godwa, Tehsil Kherwara at the earliest.The bench ordered, "Once the body is received from the Russian Government, Union of India, so also the State of Rajasthan will make all endeavors to ensure that it is handed over to the petitioners- family members at their Village Godwa, Tehsil Kherwara at the earliest." At the outset, ASG RD Rastogi submitted that the body of the deceased was buried in the cemetery at Moscow on December 03, 2021 by the Russian government as the family of the deceased did not turn up to claim the body. ASG further informed that the Indian government persuaded the officials that as per customs of the deceased, the body is required to be cremated and not buried. Upon considering that the burial would adversely affect the obsequial rites of the petitioners, the investigative committee agreed to exhume the body and hand it over to the mortuary. Thereafter, the body will be handed over to the authorised person for completion of the requisite formalities and procedure. The court was informed that due to winter vacation in Russia, the body could not be handed over to the authorised agent. He submitted that the Russian Council to the Indian Embassy has assured that the same will, however, be done at the earliest and the mortal remains/ body of the deceased will be handed over to the assigned agent within a period of 2 to 3 days. The court directed Additional Chief Secretary cum Resident Commissioner, Bikaner House Delhi to make requisite arrangement for bringing the body from Indira Gandhi International Airport to the petitioners' residence. This direction was issued pursuant to the prayer and assurance of ASG that the body shall be brought to Delhi Airport, whereafter it will be the responsibility of the State to ensure that the same reaches to the petitioners. The present matter is now listed on 18 January, 2022. Adv. Mr. Sunil Purohit appeared on behalf of petitioner whereas AGG RD Rastogi, Adv. BP Bohra and AAG Sandeep Shah appeared on behalf of respondents. Background On Dec 20, 2021, the Rajasthan High Court had asked the Union not to give its permission for the burial of mortal remains of an Indian Citizen which are lying in Russia unattended for the last four months. The Bench of Justice Dinesh Mehta also directed the Foreign Secretary to explore ways to resolve the issue at a diplomatic level, by requesting the External Affairs Minister, Government of India to intervene and use his good offices. Essentially, the Court is dealing with the plea of the petitioners (Asha, Urvashi, and Piyush Kumar) who have approached the High Court with a grievance that mortal remain of their husband/father late Hitendra Kumar Garasiya, who passed away in some accident in Russia are lying in Russia unattended for last four months. On Dec 15, 2021, the High Court had issued a notice to the Russian Embassy/Government of the Russian Federation on the plea of the wife and children, however, no one appeared on behalf of them.Case Title: Asha v. Union of India Click Here To Read/Download Order

After High Court Nudge, Indian Citizen's Dead Body To Be Exhumed In Russia & Handed Over To Family In Rajasthan For Cremation

ANIRUDH VIJAY

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