Consider Laying Down Protocol For Receiving Mortal Remains Of Soldiers Martyred In Line Of Duty: Allahabad HC To UP Govt

The Allahabad High Court has directed the State Government to consider the framing of a code laying down the protocol for receiving and bearing the carriage of mortal remains of soldiers martyred in the line of duty, for the funeral rites and any other allied matters.

The Bench of Justice Ajay Bhanot also stressed that the solemn obligation of the State is to accord full honours to military heroes who make the ultimate sacrifice in defence of the country.

"Duty is cast on a grateful nation to ensure that the patriots do not go unwept, unhonoured and unsung," the Court added.

Essentially, the Court was dealing with the bail application of one Vivek Yadav booked under Sections 147, 148, 149, 332, 333, 353, 307, 427, 336, 290, 291, 120-B, 188, 436 IPC and Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act.

The accused was one of the citizens who were protesting agaisnt the callous attitude of the district administration and their failure to observe proper protocol to honour Dhananjay Yadav, a young serving soldier in the Indian Army had fallen in line of the duty.

During the course of the protest, it was alleged that he was involved in the riots, damaging public property etc. 56 named and 100 unknown persons were nominated as accused in the FIR.

His bail plea was rejected by the lower court, thereafter, he moved to the HC contending that the FIR was lodged against him only to divert attention from the said failure of the district administration and to stifle the democratic dissent.

It was further submitted that he was not identified as the principal offender who inflicted any grievous injuries or caused any damage to public property. He was peacefully exercising his democratic rights to flag the high handed actions and apathy of the local administration. 

Court's oberations

Taking into account the circumstances of the case, the Court granted him bail, however, it did add that violence has no place in a democratic polity, and cannot be condoned under any circumstances.

The Court also said that non violence is the creed of democratic protests. Law will take its course against the accused who resorted to violence.

Further, the Court directed the state government to conduc inquory into the matter as to whether it was true that the mortal remians of a soldier were not received and treated with due State honours befitting a national hero.

"A nation that does not honour its martyrs who lay down their lives to protect freedom and preserve the peace, will forfeit its freedom and have no peace. India has known the cost of slavery, and Indians have never hesitated to pay the price of freedom. For the Republic to endure and liberty to survive martyrs have to be revered, and their deeds always remembered. The solemn obligation of the State is to accord full honours to military heroes who make the ultimate sacrifice in defence of the country. Duty is cast on a grateful nation to ensure that the patriots do not go unwept, unhonoured and unsung," the Court further added.

Lastly, the Court directed the state govermment to consult the highest military authorities and consider framing of code to treat with dignity, the moratla remins of the soldier who die in the line of their duty.

Case title - Vivek Yadav Alias Surya Prakash Yadav v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 23466 of 2022]

Citation: 2022 LiveLaw (AB) 297

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