Rajasthan High Court - Jodhpur
Bhaya Lal Bhagriya vs Union Of India (2025:Rj-Jd:27173) on 13 June, 2025
[2025:RJ-JD:27173]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11837/2025
Bhaya Lal Bhagriya S/o Shri Fakira Bhagriya, Aged About 32
Years, Resident Of Gomathwara, Sagwara, District- Dungarpur
(Rajasthan).
----Petitioner
Versus
1. Union Of India, Through Secretary, Ministry Of External
Affairs, Government Of India, South Block, New Delhi.
2. The Secretary, Home Affairs, Government Of India, New
Delhi.
----Respondents
For Petitioner(s) : Mr. Gulab Singh
Mr. Tanwar Singh
For Respondent(s) : Mr. Rajendra Choudhary
HON'BLE MR. JUSTICE SUNIL BENIWAL (VACATION JUDGE)
Order
13/06/2025
1. The present writ petition has been filed by son of deceased- Shri
Fakira Bhagriya who unfortunately passed away on 21.04.2025 in
London Borough of Brent.
2. Learned counsel for the petitioner submits that the family of
deceased wishes to perform the last rites of the deceased in India
considering their religion and beliefs.
2.1 He further submits that it is only on 12.03.2025 that the deceased
acquired British citizenship and soon was to apply for Overseas
Citizenship of India (OCI) however, unfortunately on 21.04.2025 i.e.
approximately one month after acquiring British citizenship, he passed
away. submits that due to non-availability of OCI, the respondent
Ministry is not providing NOC for bringing the mortal remains of
deceased to India from UK.
[2025:RJ-JD:27173] (2 of 3) [CW-11837/2025]
2.2 Learned counsel urges that the respondents ought to have
humanitarian approach and grant NOC considering the fact that
deceased was of Indian origin and his family resides in India. Also, the
family of deceased cannot be denied their right to cremate the deceased
as per their rituals and religious beliefs.
2.3 He further submits that the only formality remaining is grant of
NOC from Indian High Commission of London to transmit the mortal
remains to India. He has relied upon a judgment passed by the Delhi
High Court while dealing with similar circumstances in Anthony Watts
Vs. UOI & Anr.; W.P.(C) 11192/2024 (decided on 16.08.2024).
3. Per contra, learned counsel for the respondents submits that as
per the Office Memorandum dated 25.04.2020, issued by the Ministry of
Home Affairs, Government of India, the mortal remains of Indian
Citizens and OCI Cardholders can be transferred to India and, therefore,
the mortal remains of the deceased father of the petitioner cannot be
transported from U.K. to India. Learned counsel for the respondents has
placed before this Court a copy of the said Office Memorandum before
this Court, which is taken on record.
4. I have heard rival contentions and perused the material available
on record.
5. The Delhi High Court, in the case of Anthony Watts (supra), after
considering the submissions, issued direction to the High Commission of
India to give NOC, while observing as under:-
"11. Moreover, from a review of the guidelines issued with
regards to transfer of mortal remains, it emerges that there is
emphasis on the fact that the deceased should be a person of
Indian origin. The fact that late Mr. Watt was a person of Indian
Origin has already been confirmed in the present case through
documents placed on record.
[2025:RJ-JD:27173] (3 of 3) [CW-11837/2025]
12. In light of the above, the Court finds it to be a fit case to allow
the request of the Petitioner and accordingly, the following
directions are issued:
(i) The communication dated 29th July, 2024 passed by Consular
section, High Commission of India, London, refusing to grant a
No Objection Certificate for the transfer of mortal remains, is set
aside.
(ii) A mandamus is issued directing Respondent No. 1 to issue a
No Objection Certificate to Petitioner's daughter-in-law/ Ms.
Sharon Alphonso for transfer of mortal remains of late Mr. Alfi
Richard Watts from United Kingdom to Hyderabad."
6. This Court is in agreement with the above observations as
rendered by the Delhi High Court. In the present matter too, the Indian
documents like passport and Aadhar have been placed on record
therefore, this Court deems it appropriate to grant the prayer as sought
for by the petitioner.
7. In view of the above observations, the present writ petition is
allowed. The communication dated 19.05.2025 (Annexure 12) given by
Under Secretary, (External Affairs Minister's Office) denying issuance of
NOC is set aside. The concerned authority/respondents is directed to
issue a No Objection Certificate to the petitioner (son of deceased- Shri
Fakira Bhagriya) for transfer of mortal remains of late Shri Fakira
Bhagriya from United Kingdom to place of residence of the petitioner in
India.
8. All pending application (s), if any, also stand(s), disposed of.
(SUNIL BENIWAL (VACATION JUDGE)),J
338-skm/-
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