The Bombay High Court on Monday sought the response of the Deputy Director General of Shipping on the demand for DNA test of mortal remains made by the family of a 25-year-old seafarer killed in the West Asia conflict.
Dixit Solanki was killed on March 4 after an explosive-laden drone boat struck oil tanker MT MKD Vyom off the Oman coast on March 1. He is reportedly the first Indian casualty of the conflict that erupted on February 28 after a joint US-Israel attack on Iran.
His father Amratlal and sister Mitali had last week moved HC seeking directions to the Union government to bring his mortal remains to India. Their plea had claimed lack of clarity from the authorities.
On Monday, their lawyer Pradnya Talekar told a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad that the mortal remains arrived in India on Sunday but the company that handled the repatriation asked the family to get a FIR registered and conduct a DNA test first.
"There is no body so identification is not possible. There are only four or five pieces of charred bones. A DNA test is required so that the family can go ahead with the final rites," Talekar said.
Talekar said DNA test was required as there was suspicion given the manner in which the situation was handled since March 1 when the vessel was struck.
The petitioners on Monday filed an interim application seeking registration of FIR and an order directing DNA test of the mortal remains.
Talekar pointed out to an email communication sent to the petitioner by the Deputy Director General Shipping on April 5 asking the shipping company to extend all assistance to the family so that the DNA test is carried out at the earliest.
The bench sought to know what was the procedure normally adopted in such cases. It then posted the matter for further hearing on Tuesday and sought response from the Deputy Director General Shipping on the issue.
In their plea in HC, the Solankis have also sought that all investigation and forensic records should be shared with them.
The plea has been filed against Ministry of External Affairs, the Ministry of Ports, Shipping and Waterways, the Directorate General of Shipping, and V Ships India Pvt Ltd, which manages the vessel MT MKD Vyom.
The plea claimed the fundamental right to dignity extends to a person even after death and, hence, the authorities have a duty to ensure the timely return of the mortal remains to the family. It also relied on legal obligations under maritime regulations and guidelines that require proper handling and repatriation in cases of death at sea.
"The petitioners have a right to receive the mortal remains of the deceased family member and perform rites guaranteed under Article 21 of the Constitution of India," the plea said.
"The petitioners have been running from pillar to post to get the correct state of affairs and repatriation of the mortal remains of the deceased for performing his final rites. However, the authorities are just passing the buck from one to another," the plea said.