Jammu & Kashmir High Court Takes Suo Moto Cognizance To Expedite Retrieval Of Drowned Indian Man's Body From Pakistan

Initially, a petition was filed by Indu Bhushan Bali, requesting the court to treat the matter as a PIL under Articles 226 and 227 of the Constitution of India. The petition sought directions to protect the fundamental rights of the parents of the late Harsh Nagotra, ensuring their ability to perform the last rites of their son.

However, the bench, comprising Acting Chief Justice Tashi Rabstan and Justice Rajnesh Oswal, dismissed the petition stating that the parents of the deceased were personally present in the court.

The court stated, "As the parents of deceased Harash Nagotra have projected their grievance before the Court and requested for early retrieval of their son's body from Pakistan, therefore this PIL is not maintainable on the instance of Indu Bhushan Bali. As such, we are not inclined to entertain this PIL and the same is accordingly, dismissed."

Despite dismissing the PIL, the High Court decided to take suo motu cognizance of the incident. The court directed the registry to list the case under the title 'Court on its own motion vs. Union of India and others'.

Notices were issued to the Union of India through the Ministry of Home Affairs, the Ministry of External Affairs, and the Union Territory of Jammu and Kashmir through the Secretary to the Government, Ministry of Home.

Mr. Vishal Sharma, the Deputy Solicitor General of India (DSGI), accepted the notice on behalf of the Union Home Ministry and the Ministry of External Affairs. He requested and was granted one week to gather instructions. The court also directed that a notice be issued to the third respondent, the Union Territory of Jammu and Kashmir.

Harash Nagotra, a resident of Jammu and Kashmir, had drowned in the Chenab River under mysterious circumstances. His body was found in Pakistan, and his parents were informed of his death through a WhatsApp message from a Pakistani official.

The family had earlier sought assistance from the Prime Minister's Office for the repatriation of their son's body.

The court has scheduled the next hearing for July 29, 2024.

Case Title: Indu Bhushan Bali Vs Union Of India

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