Punjab & Haryana HC Directs MEA To Expedite Transit Of Indian Citizen's Mortal Remains Who Died In International Waters About A Month Ago

The Punjab and Haryana High Court has directed the Union Government to ensure expeditious transit of the mortal remains of an Indian citizen, who allegedly passed away under “suspicious circumstances” in international waters, while the ship was 250 miles away from Brazilian Coast.

Justice Kuldeep Tiwari said, “Since the instant matter pertains to the death of an Indian citizen outside the territory of India, and his body is under transit, as mentioned in the instant petition, therefore, this Court deems it fit and appropriate to pass an interim mandamus upon respondents no.5 ( Directorate General of Shipping) and 6 (Ministry of External Affairs through its Principal Secretary), to ensure the expeditious transit of the dead body of the deceased-Gurmeet Singh."

The plea filed by the family members of the deceased stated Singh was an employee in Merchant Navy, working as Electro Technical Officer in Ship named 'Florida Highway'. They received a call on December 12 about his sudden ill-health and after sometime, it was informed that he passed away. Singh was in International Waters (Dominican Republic) at the time.

The Petitioners sought directions to ensure swift transit of the body, enabling a post mortem.

“Body of the deceased is decaying and the Nodal agencies/concerned Ministry i.e. respondents no.5 ( Directorate General of Shipping) and 6 (Ministry of External Affairs through its Principal Secretary) have till date not properly intimated the transit progress of the dead body of the deceased,” the plea claimed.

The Court has directed Civil Surgeon, Mohali to ensure that the moment the dead body arrives in the territory of India, a post mortem is conducted. Thereafter, the body shall be handed over to the Petitioners for performing last rites.

The matter is listed on January 15, for compliance.

Mahir Sood, Advocate with Ashutosh Gupta, Advocate, for the petitioners.

Satya Pal Jain, Additional Solicitor General of India appeared for Union.

Sahil R. Bakshi, AAG, Punjab.

Title: JASWINDER KAUR AND OTHERS VS. STATE OF PUNJAB AND OTHERS