Anju Sharma v. Union of India

1. This hearing has been done through video conferencing.

2. The present petition was filed by the Petitioner seeking early return of the mortal remains of her husband - Mr. Sanjeev Kumar, since deceased. The deceased was an Indian migrant working in Saudi Arabia and was the holder of an Indian passport. He passed away on 24th January, 2021 in Saudi Arabia due to a cardiac arrest. The demise of the deceased was certified by the hospital concerned and an agency for official translation was engaged by the Indian Consulate in Saudi Arabia, which is stated to have incorrectly translated the death certificate and mentioned the religion of the deceased as 'Muslim'. In view of this incorrect translation, it is the case of the Petitioner, that the deceased was buried in Saudi Arabia as per Muslim rites. 2021:DHC:1571

3. Since the death of the deceased, the Petitioner had made various representations to the Ministry of External Affairs, Union of India requesting for exhuming the mortal remains of the deceased and transporting the same back to India for conducting the last rites, in terms of the deceased’s religion. However, there being no reply qua the same, the Petitioner had to file the present petition.

4. The prayers in this petition are as under: "a. Issue a writ/order/direction in the nature of mandamus or any other appropriate writ/order directing Respondents to do necessary formalities for exhume the mortal remains of the husband of the Petitioner namely Mr. Sanjeev Kumar and repatriate the same to India in an urgent and time bound basis; and b. Issue a writ/order/direction in the nature of directing Respondent No. I to take appropriate departmental actions against concerned Indian officials of Respondent No.2 for their willful negligence; and c. Issue a writ / order / direction in the nature of mandamus or any other appropriate writ / order directing Respondents herein to do appropriate actions for obtaining a corrected death certificate of the deceased and supply the same to the Petitioner herein and/or; d. Issue a writ/order/direction in the nature of directing Respondents herein to do appropriate actions for ensuring payment of pending monetary benefits of the deceased like salary, end of service benefits, insurance claims etc.”

5. The matter was first taken up on 16th March 2021, on which date, this court had issued notice to the Respondent - Ministry of External Affairs, and had requested an officer, not below the rank of Deputy Secretary, MEA, to join the court proceedings to appraise the court with respect to the steps taken and as to the status of the return of the mortal remains back to India and to the deceased’s family.

6. Vide order dated 18th March 2021, this court had recorded the appearance of Mr. Vishnu Kumar Sharma, Director, Consular, Passport and Visa (CPV) Division, Ministry of External Affairs, who had assured the court that the authorities of MEA and the Indian Consulate in Jeddah were continuously in touch with the concerned authorities in Saudi Arabia authorities, and would continue to follow up on the same, however he stated that no specific timeline could be given considering the fact that the mortal remains were in a foreign country. In view of the same, this court had on the said date, directed the concerned officials from MEA to seek cooperation from the Deputy Chief of Mission of the Royal Embassy of Saudi Arabia located in New Delhi.

7. Thereafter vide orders dated 24th March 2021, 5th April 2021 and 8th April 2021, this court had noted that efforts were continuously being made and the officials were continuously making efforts in cooperation with the authorities in Saudi Arabia, to bring back the mortal remains of the deceased.

8. Vide order dated 15th April 2021, this court had appointed Dr. Farrukh Khan, ld. Counsel as an Amicus Curiae, to assist the court, and the parties in this matter. The Amicus then went on to make his suggestions on the next date i.e., 29th April 2021, and the same were recorded in the order.

9. On 29th April 2021, Mr. Sharma, Director, Consular, Passport and Visa (CPV) Division, Ministry of External Affairs, had also submitted that there were some positive developments in the interactions with the Embassy of Saudi Arabia and the Saudi Arabian authorities, and that a solution was likely to be reached within ten days or so. Further, on the aspect of the compensatory payment that was given by the employer of the deceased in Jeddah, this court had directed the dispatched amount, received by the District Magistrate, Una, Himachal Pradesh, to be paid to the Petitioner on or before 7th May 2021.

10. Further to the last order dated 29th April, 2021, today, Mr. Sharma, Director, Consular, Passport and Visa (CPV) Division, Ministry of External Affairs, Union of India, as also Mr. Subhash Chandran, ld. counsel for the Petitioner, submit that the mortal remains of the deceased i.e., the Petitioner’s husband, have arrived in India this morning. The body of the deceased is in transit to the native place of the Petitioner in Una, Himachal Pradesh. Insofar as the payment to the Petitioner, qua the amount dispatched by the employer in Jeddah is concerned, it is informed that the said payment has also been received by the Petitioner.

11. Accordingly, with the arrival of the mortal remains in India, and the payment having been received, no further orders are pressed for in this petition.

12. This Court would like to place its appreciation on record, to the ld. Counsel who has joined today, from the hospital as he is suffering from COVID-19. This court also records its appreciation for the officer Mr. Vishnu Kumar Sharma, Director CPV Division, MEA who has rendered his continuous assistance and cooperation in this matter, and has also duly coordinated with the Consulate officials in Jeddah, as also family of the Petitioner, from time to time. The continuous cooperation and coordination of Mr. Sharma and other officials located in the MEA in India and in the Consulate in Jeddah, has ensured that the mortal remains of the deceased reach his family including the Petitioner – his wife, in India, so that the Petitioner can be cremated in accordance with proper Hindu rites and for the family members to get their complete closure.

13. Finally, this Court also records its appreciation for the ld. Counsel, appearing for the Union of India- Mr. Ripudaman Bhardwaj, as also Dr. Farrukh Khan, who was appointed as the ld. Amicus Curiae in this matter, for rendering assistance to the court as also to the parties.

14. The gratitude of this Court may also be conveyed to the Saudi Arabian Authorities, through the Deputy Chief of Mission of the Embassy of the Kingdom of Saudi Arabia, located in New Delhi, by sending a copy of this order.

15. With these observations, the writ petition is disposed of. website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.