Patna High Court
In Re-Handling Of Dead Bodies Based On ... vs Union Of India on 30 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14559 of 2023
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In re-handling of Dead Bodies based on the news report published on the web
portal dated08.10.2023
... ... Petitioner/s
Versus
1. Union of India
2. Ministry of Homes, Govt. Of India, New Delhi.
3. Ministry of Railway, Govt. Of India, New Delhi.
4. Director General, Railway Protection Force, New Delhi.
5. The State of Bihar through the Chief Secretary, Govt. Of Bihar, Patna.
6. The Principal Secretary (Home) Govt. Of Bihar, Patna.
7. The Director General of Police, Bihar, Patna.
8. Additional Chief Secretary, Department of Health, Govt. Of Bihar, Patna.
9. Principal Secretary, Department of Transport, Govt. Of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr. P. K. Shahi, AG
Mr. Amish Kumar, Advocate
Mr. S. Kumar, Advocate
For the UOI : Dr. K. N. Singh, ASG
Mr. Abhijeet Gautam, CGC
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 30-01-2024
This is a suo moto public interest litigation taken
up on the basis of a video circulated in the social media of
police personnel having disposed of the dead body of a victim
of road accident, in the river. After the video went viral, the
Police retrieved the dead body and later sent it for post mortem
examination, but however, certain parts of the body were not
Patna High Court CWJC No.14559 of 2023 dt.30-01-2024
recovered. We had taken up the matter suo moto especially
highlighting the callous attitude displayed and the requirement to
bestow more respect and dignity in disposal of the dead bodies.
We had also appended a copy of the Advisory for Upholding the
Dignity and Protecting the Rights of the dead brought out by the
National Human Rights Commission in India as a guideline.
2. A counter affidavit was filed by the Inspector
General of Police admitting that the incident portrayed in the
video had actually happened. A Sub-Inspector of Police, a
Constable, who was driving the vehicle and two Home-guards
were said to be the police personnel connected with the incident.
All the police personnel were kept under suspension. It was also
pointed out that the Director General of Police, Bihar, had
issued a detailed order regarding handling of dead bodies vide
memo No. 830/Human Right Cell, dated 07.04.2016. This has
been followed up with a memo issued by the Home Department
bearing Memo No. 2889 dated 15.05.2021. The said guidelines;
immediately after the incident and the institution of this PIL,
was shared with the Director General, Homeguards, Director
General, Training and Director, Bihar Police Academy by memo
No. 2216/L.C. dated 30.10.2023.
3. Later, the Senior Superintendent of Police,
Patna High Court CWJC No.14559 of 2023 dt.30-01-2024
Muzaffarpur, also filed an affidavit pointing that the Sub-
Inspector and the Driver Constable after being placed under
suspension was proceeded against by separate departmental
inquiries. The Home-guards nomination to serve as a home-
guard was cancelled.
4. The Additional Director, Health, has also filed
an affidavit dated 10.01.2024 wherein it has been stated that by
communication dated 20.10.2023 bearing Memo No. 2429(18),
the Health Department has issued advisory to all the
Departments to comply with the guidelines issued by the
National Human Rights Commission dated 14.05.2021, in
disposal of dead bodies; upholding the dignity and protecting
the rights of the dead. The various communications issued to the
Departments have also been annexed.
5. A further affidavit dated 16.01.2021 has been
filed by the Additional Superintendent of Police, Muzaffarpur,
wherein the result of the disciplinary proceedings have been
stated. The Sub-Inspector, who was proceeded with, was found
to have been negligent in discharge of his duties, who also has
been punished with three black marks and withholding of two
increments with cumulative effect for two years under the Bihar
Government Servant (Classification, Control and Appeal) Rules
Patna High Court CWJC No.14559 of 2023 dt.30-01-2024
2005; a major penalty. As far as the proceedings against the
driver constable, it has been stated he was found not responsible
for the incident and he has been exonerated.
6. We would only caution the State and its officials
to bestow more respect and more dignity in disposal of dead
bodies and comply with the guidelines now adopted by the State
scrupulously. The writ petition is disposed of accepting the
reports filed, adopting the guidelines issued by the National
Human Rights Commission.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
sharun/-
AFR/NAFR
CAV DATE
Uploading Date 06.02.2024
Transmission Date
