Delhi High Court
Anju Sharma vs Union Of India Through Its ... on 18 March, 2021
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.03.2021 15:04:10
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th March, 2021
+ W.P.(C) 3371/2021
ANJU SHARMA ..... Petitioner
Through: Mr. Subhash Chandran Kr. and Mr.
Sawan Shukla, Advocates (M:
8882375011).
versus
UNION OF INDIA THROUGH: ITS SECRETARY
& ANR. ..... Respondent
Through: Mr. Ripu Daman Bhardwaj, CGSC
and Mr. Kushagra Kumar, Advocate
with Mr. Vishnu Sharma, Director
CPV, MEA (M: 9818030700).
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The present is an unfortunate case preferred by the Petitioner - Ms.
Anju Sharma, seeking early return of the mortal remains of her husband -
Mr. Sanjeev Kumar. The deceased was an Indian migrant working in Saudi
Arabia and the holder of an Indian passport who passed away on 24th
January, 2021 in Saudi Arabia due to a cardiac arrest. As per the Petitioner,
due to an error in translation of the deceased's death certificate, which
mentioned the deceased's religion as 'Muslim', the deceased was buried in
Saudi Arabia as per Muslim rites. Since then, the Petitioner has been making
various representations to the Respondents for exhuming the mortal remains
of the deceased and for transporting the same back to India on an urgent and
time-bound basis.
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.03.2021 15:04:10
2. The matter was considered on 16th March 2021, on which date, the
following directions were issued:
"6. Considering the nature of the matter and the
fact that the Petitioner has been approaching the
various authorities since January, 2021, adequate
steps ought to have been taken by now for ensuring the
transportation of the mortal remains of the deceased.
Accordingly the concerned officer from the Ministry of
External Affairs, not below the rank of Deputy
Secretary, shall join the proceedings online in order to
apprise this Court of the steps taken and the current
status in respect of return of the mortal remains of the
deceased to his family."
3. Further to the last order dated 16th March, 2021, Mr. Vishnu Kumar
Sharma, Director, Consular, Passport and Visa (CPV) Division, Ministry of
External Affairs (hereinafter, „MEA‟) has appeared and has apprised the
Court of the steps taken, as also the current status of return of the mortal
remains of the deceased to his family. It is his submission that the death of
the deceased took place on 24th January, 2021 and the death certificate was
obtained by the employer of the deceased i.e., Mr. Salem Abdullah Saad Al-
Saqar. The translation of the death certificate in which the error appeared
that the deceased was Muslim is also stated to have been got done by the
employer.
4. According to Mr. Sharma, usually, whenever the concerned Authority
in Saudi Arabia informs the Indian Consulate of the death of an Indian
citizen, a protocol is followed in which until and unless a No Objection
Certificate (NOC) is issued by the Indian Consulate, the body of the
deceased is not buried by the local authority. However, in the present case,
the burial took place on 17 February, 2021 without informing the Indian
th
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.03.2021 15:04:10
Consulate, which could be due to the protocol being followed during
COVID-19. It is also informed that the deceased has been buried in a non-
Muslim cemetery. Immediately upon being informed of the burial on 18th
February, 2021, the Indian Consulate took steps by writing communications
dated 21st February, 2021, 24th February, 2021 and 7th March, 2021 to the
Ministry of Foreign Affairs, Kingdom of Saudi Arabia, Jeddah as well as to
the Governor of Jazan Region, Kingdom of Saudi Arabia.
5. Mr. Sharma further submits that the Indian MEA officials, as also the
Indian Consulate in Jeddah continue to be in touch with the concerned
authorities in Saudi Arabia for expediting the exhuming of the mortal
remains of the deceased and for transporting the same to India. He assures
the Court that the said authorities would continuously be followed up with to
expedite the same, however, considering the fact that the mortal remains of
the deceased are in a foreign country, no specific timeline can be given as
that depends on the response given by the concerned authorities in Saudi
Arabia.
6. It is further submitted before this Court that the employer has
deposited some compensation/monetary payment for the family of the
deceased in the bank account of the Indian Consulate in Jeddah. Payment of
the same has been couriered to the District Collector in Una, Himachal
Pradesh, where the family of the deceased resides. Details of the dispatch
shall be given by tomorrow to ld. counsel for the Petitioner. The Petitioner
may collect the same from the District Collector in Una, Himachal Pradesh.
If there is any delay in receiving the same, ld. counsel for the Petitioner may
contact the MEA official appearing before Court.
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.03.2021 15:04:10
7. It is also submitted on behalf of the Petitioner that the Indian
Consulate may assist the Petitioner's family in coordinating with the
deceased's employer for checking if any other monetary benefits are payable
to the Petitioner. Considering the nature of the matter, the officials of the
Indian consulate would contact the employer and confirm to the counsel for
the Petitioner if any further payments are due to be made. Details of the
Consulate official in Jeddah who is dealing with the employer may also be
provided to ld. Counsel for the Petitioner.
8. In view of the fact that no timelines are being given by the MEA
official appearing today, in order to emphasise on the sensitivity of the issue,
the MEA official shall also update the status of this case and seek
cooperation from the Deputy Chief of Mission of the Royal Embassy of
Saudi Arabia located in New Delhi.
9. Let a copy of order dated 16th March, 2021 as well as today's order be
sent to the Deputy Chief of Mission of the Royal Embassy of Saudi Arabia,
New Delhi, who is requested to extend the valuable cooperation of the
Embassy for obtaining a timeline and communicating the same to the MEA.
10. List on 24th March, 2021 at Top of the board.
11. Copy of today's order be released urgently post lunch in order to
enable Mr. Sharma to do the needful and coordinate with the Deputy Chief
of Mission of the Royal Embassy of Saudi Arabia, New Delhi.
PRATHIBA M. SINGH
JUDGE
MARCH 18, 2021
MR/T
