Delhi HC Directs Expeditious DNA Testing Of Bodies Of Riot Victims Without Waiting For Court Orders [Read Order]

While noting that there's no law that requires the prior permission of the court before conducting DNA testing, the Single Bench of Justice Navin Chawla ordered the Delhi Government to expedite the process of DNA matching test and to complete the same positively within a period of fifteen days.

The order has come in a plea moved by a person named Sajid Ali, who claims that one of the bodies recovered from the site belongs to his son.

As per the Petitioner, his son went missing on 25/02/2020 and a burnt body was then recovered two days later. On 03/03/2020, the DNA samples were taken from the body and from the family of the Petitioner. However, since then, he hasn't heard a word from the Respondents.

He argued before the court that the delay caused in conducting the DNA test is further jeopardizing the process to trace his missing son.

Mr Naushad Ahmed Khan, who appeared for Delhi Government, informed the court that the government was waiting for the court's order on DNA testing.

He further submitted that it is only in the cases of a direction being given by a Court that priority is granted to such cases.

However, after being inquired by the court, he admitted that there is no provision requiring such particular direction from the court for such testing.

In light of these submissions, the court directed to expedite the said process of DNA testing and complete the same within a period of 15 days from the date of the passing of this order.

A copy of the results of the said test shall also be communicated to the Petitioner immediately upon receipt of the report.

Having noted that there's no provision that requires prior permission of the court to conduct DNA testing, the court highlighted that:

'Therefore, looking into the urgency of each case, carryout such testing without waiting for any order from any Court.'

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