Mumbai, April 6 The Bombay High Court on Monday sought the response of the Deputy Director General of Shipping regarding the demand for a DNA test of the remains made by the family of a 25-year-old seafarer who was killed in the West Asia conflict.
Dixit Solanki was killed on March 4 after an explosive-laden drone boat struck the MT MKD Vyom oil tanker off the coast of Oman on March 1. He is 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 last week approached the HC seeking directions to the Union government to bring his remains to India. Their plea claimed a lack of clarity from the authorities.
On Monday, their lawyer, Pradnya Talekar, told a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad that the remains arrived in India on Sunday, but the company handling the repatriation asked the family to first register an FIR and conduct a DNA test.
"There is no body, so identification is not possible. There are only four or five pieces of charred bones. A DNA test is required so that the family can proceed with the final rites," Talekar said.
Talekar explained that a DNA test was needed due to the circumstances surrounding the incident since March 1, when the vessel was struck.
On Monday, the petitioners filed an interim application seeking registration of an FIR and an order directing the DNA test of the remains.
Talekar pointed out to an email communication sent to the petitioner by the Deputy Director General of Shipping on April 5, requesting the shipping company to provide all assistance so that the DNA test could be carried out as soon as possible.
The bench inquired about the standard procedure in such cases. They then scheduled the matter for further hearing on Tuesday and sought a response from the Deputy Director General of Shipping on the issue.
In their plea to the HC, the Solankis also sought that all investigation and forensic records should be shared with them.
The plea has been filed against the Ministry of External Affairs, the Ministry of Ports, Shipping and Waterways, the Directorate General of Shipping, and V Ships India Pvt Ltd, which manages the MT MKD Vyom vessel.
The plea 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 relied on legal obligations under maritime regulations and guidelines that require proper handling and repatriation in cases of death at sea.
"The petitioners have a right to receive the remains of the deceased family member and perform the rites guaranteed under Article 21 of the Constitution of India," the plea said.
"The petitioners have been trying to get the correct information and repatriate the remains of the deceased for performing his final rites. However, the authorities are just passing the buck from one to another," the plea said.