Mumbai, April 7 The Bombay High Court on Tuesday directed the Deputy Director General of Shipping to collect the remains of a 25-year-old Indian seafarer who died in the West Asia conflict, and send them to a Forensic Science Laboratory for DNA tests.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said the remains should be collected by the DDG Shipping in the presence of the family members.
"The remains should then be sent to the FSL in Mumbai for DNA analysis and a report," the court said.
Dixit Solanki was killed on March 4 after an explosive-laden drone boat struck oil tanker MT MKD Vyom off the coast of Oman on March 1. He was reportedly the first Indian casualty of the conflict that erupted on February 28 after a joint US-Israel attack on Iran.
His father Amratlal and sister Mitali had moved the HC last week seeking directions to the Union government to bring his remains to India. They claimed there was no clarity in the official response.
On Sunday, the remains were sent to India, but since they contained only charred bones, the family sought a DNA test for identification, after which they could complete the last rites.
On Tuesday, advocate Rui Rodrigues, appearing for the Union government, DG Shipping and DDG Shipping, told the court that communications were sent on Monday night by the DG Shipping to the Director General of Police, Mumbai, the Commissioner of Police, Mumbai, and the FSLs in Hyderabad and Mumbai for further action.
The bench then directed the DDG Shipping to collect the remains and send them to the FSL in Mumbai.
The family's lawyer Pradnya Talekar said the HC should fix a time period for the submission of the DNA analysis report.
However, the court said it could not pass such an order.
The Solankis' petition claimed that the fundamental right to dignity extends to a person even after death, and therefore, the authorities have a duty to ensure the timely return of the remains to the family. It also cited legal obligations under maritime regulations and guidelines that require the repatriation of the body in cases of death at sea.
