[Delhi Riots] HC Directs Govt To Conduct DNA Test On A Charred Body Of A Suspected Riot Victim Within 15 Days

The Delhi High Court has directed the Government of NCT of Delhi to expedite the process of DNA testing and to complete the same within a period of 15 days for the recognition and release of the charred body of a Delhi riot victim.

The Order passed by Justice Navin Chawla further states that the Respondents must look into the urgency of each case and must carry out such testing without waiting for any specific order from any Court as there exists no provision requiring such particular directions from the Court.

A petition under Article 226 had been filed by Advocates Sonakshi and Ritesh Dhar Dhubey, seeking a writ of mandamus for an expedited DNA test for the identification of one Mohsin Ali whose charred body had been found alongside a burnt vehicle belonging to the victim on 27th February, 2020.

The petition states that the victim had gone missing with his white Maruti Alto car on 25th February, 2020 whilst the Delhi riots were taking place in North-East Delhi from 23.02.2020 till 03.03.2020 wherein 53 live were lost.

On 27th February, the family of the victim was informed that a body was found in a charred condition next to the car belonging to the victim and description of the body was found to be similar to that of the victim. Due to the charred nature of the body, conclusive identification could only be possible through a DNA profiling and identification test. Accordingly, blood samples of the Petitioner along with DNA samples extracted from the dead body were sent to the Respondent on 3rd March, 2020.

The issue that had arisen was that it had been 22 days since the victim went missing and it had been more than 14 days since the DNA samples were sent for examination. Delay caused in the examination was contributing to the agony and duress of the family as well as adversely affecting chances of locating the victim.

After hearing the arguments submitted by Naushad Ahmed Khan, ASC (Civil) GNCTD, Justice Navin Chawla passed the following direction:

"Having considered the submission of the learned counsel for the Respondents that there is delay in testing only for want of orders from the Court, as there is no provision of law shown requiring orders from the Court, such delay cannot be countenanced. The Respondents must, therefore, looking into the urgency of each case, carry out such testing without waiting for any order from any Court."

Disposing of the petition, Justice Chawla directed the Respondents to expedite the process and complete the same within a period of 15 days. He also directed for the results to be communicated to the Petitioner immediately on receipt of the report and to file a compliance affidavit in this regard before the Court.

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