The Rajasthan High Court Bench Court comprising Justice Dinesh Mehta while dealing with the plea of the wife and children of Hitendra Kumar Garasiya, who passed away in an accident in Russia and his mortal remains are lying in Russia for the last four months, issued a notice to the Russian Embassy/Government of the Russian Federation.
Background of the Case
The Petitioners are members of interior tribal villages have approached this Court with a grievance that the mortal remains of their husband/father late Hitendra Kumar Garasiya, who had passed away in some accident in Russia are lying in Russia unattended for the last four months. The petitioners had been running from pillar to post but of little avail. Therefore, they knocked on the door of this Honourable Court.
Submissions
Mr. Purohit learned counsel for the petitioners, invited the Court’s attention towards the communication dated 04.12.2021 written by the Embassy of Russia inter-alia indicating that whatever is to be done, has to be done by the Indian Embassy in Russia
Mr. Rastogi appeared virtually before the Court and assured that all possible assistance shall be extended to the petitioners by the Government of India, of course, subject to bilateral treaties and applicable law.
Mr. RD Rastogi, learned Additional Solicitor General, informed that all the endeavours are being made to ensure that the mortal remains of late Hitendra Kumar Garasiya (petitioners’ husband/ father) are brought to India.
Order of the Court
Court noted that as per information available the authorities at Russian Federation are not handing over the body pending FSL Report.
It was said that,
“Having regard to the fact that Hitendra Kumar passed away on 17.07.2021, this Court feels that the Government of Russian Federation must be requested to expedite the process in this regard.”
“This Court is not oblivious to its limitations in issuing a writ to respondent No.4 or the Government of Russian Federation, however, with a view to deal with a rather unprecedented situation and to coordinate the steps to be taken, this Court deems it expedient to issue notice to respondent No.4.”
The Registrar Judicial, Rajasthan High Court was directed to send a copy of this to the Respondents.
Case Details
Case Title: Asha and others v. Union Of India and others.
Bench: Justice Dinesh Mehta
Read Order@LatestLaws.com
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