Calcutta High Court Directs State To Hand Over Advocate's Unclaimed Dead Body To Bar Association For Performing Last Rites

The PIL was filed in consonance to the family like spirit that persists in inherent in the bar as the Learned Late Advocate expired few days back and his body was found on 29th July, 2022 that remained unclaimed. Under such circumstances, the friends of the deceased advocate and office bearers of Bar Association came forward with the plea to hand over the dead body to them for performing the last rites.

The Court also directed the authorities to deliver the original death certificate to the Secretary of the Bar Association, who will safely store it in case a legitimate claimant eventually steps forward. The State authority was also directed to extend full cooperation for smooth performance of the last rites of the deceased advocate. However, the Court made it clear that handing over of the body is for the limited purpose of performance of last rites and will not affect any legal right of any legal heir etc.

The petitioner was represented by attorneys Dipayan Kundu and Biswabrata Basu Mallick. While the State was represented by Advocate N Chatterjee and Advocate General SN Mookherjeea and Advocate Billwadal Bhattacharyya, represented Union of India.

Case Title: Manabendranath Bandhopadhyay Vs. State of West Bengal & Ors. 

Citation: 2022 LiveLaw (Cal) 283