Shabuddin vs The Govt. Of Nct Of Delhi And Anr.
2020 Latest Caselaw 1678 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: 19th March, 2020
+                    W.P.(C) 2927/2020
       SHABUDDIN                                     ..... Petitioner
                     Through:   Mr. Ritesh Dhar Dubey, Advocate (M:
                                9871769556).
                     versus
       THE GOVT. OF NCT OF DELHI AND ANR            ..... Respondents
                     Through:   Mr. Naushad Ahmed Khan, ASC Civil
                                GNCTD (M: 7210525656).
       CORAM:
       JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

CM APPL. 10172/2020 (for exemption)

1. This is an application for exemption from filing the official English translation of FIR No. 103/2020 dated 3rd March, 2020. Exemption is granted, subject to all just exceptions.

2. Application is disposed of.

W.P.(C) 2927/2020

3. The case of the Petitioner is that his son, Ameen, 17 years of age, has been missing since 25th February, 2020 when the riots took place in Delhi. On 1st March, 2020, an unidentified body was recovered from a Nalla at Bhagirathi Vihar Village, which he apprehends could be his son. FIR No. 103/2020 dated 3rd March, 2020 has already been registered by the Police Station, Gokul Puri.

4. Ld. counsel for the Petitioner submits that on 6th March, 2020 and 11th March, 2020, DNA samples have been extracted from the dead body and have been preserved in the RML Hospital, pursuant to the orders of the ld. Division Bench of this Court in W.P.(CRL) 646/2020 titled Ansari Mo. Arif

v. State & Ors. Thereafter, on 15th March, 2020, blood samples from the Petitioner and his wife, i.e., Ameen's parents, had also been drawn vide MLC No. A-3713/13/20 and B-3580/13/20 at GTB Hospital and had been handed over to the I.O. - Mr. Jagdish Yadav.

5. The apprehension of the Petitioner is that since the DNA samples were recovered on 6th March, 2020, 11th March, 2020 and 15th March, 2020, considering the amount of time that has lapsed, the DNA testing may not be effective. Accordingly, it is prayed that the DNA testing be conducted expeditiously, in a time-bound manner.

6. Mr. Naushad Ahmed Khan, ASC appearing for the GNCTD, submits that DNA testing has already commenced at FSL, Rohini and the same would be done expeditiously.

7. Vide order dated 18th March, 2020, a ld. Single Judge of this Court in W.P. (C) 2912/2020 titled Sajid Ali v. Govt. of NCT of Delhi & Anr. has already observed that delay in DNA testing cannot be countenanced and that DNA testing ought to be done without any specific orders from any Court. Considering the fact that the Petitioner is under severe stress and trauma due to the missing status of his son and the family of the Petitioner ought to have some closure in this matter, it is directed that the DNA testing be completed on or before 27th March, 2020. Let the results be informed to the Petitioner on or before 31st March, 2020.

8. The petition is disposed of in the above terms. All pending applications are also disposed of.

9. Order dasti under signature of the Court Master.

PRATHIBA M. SINGH, J.

MARCH 19, 2020/MR/T