HC directs State to perform last rites of custodial torture victim

Taking into account the fact that the family of Akash Delison, 26, who died following alleged custodial torture by the police, had refused to receive his body from the mortuary of the Government Rajaji Hospital, the Madurai Bench of the Madras High Court on Tuesday directed the authorities to take immediate steps for the dignified disposal of his mortal remains.

Justice L. Victoria Gowri said the refusal of the family to receive the body, despite sufficient opportunity and a specific judicial direction, leaves the court with no alternative except to authorise the State authorities to proceed in accordance with law.

The right of a deceased person to receive a decent burial or cremation is not merely a matter of religious observance. It is an extension of human dignity itself. The constitutional values that protect an individual during life continue to operate in respect of the mortal remains after death, the court said.

The court said the family has been repeatedly informed. Adequate opportunity has been granted. A specific direction was issued by the court requiring them to receive the body on Monday. Admittedly, the court direction has not been complied with.

“The continued refusal of the family to receive the body cannot result in indefinite preservation of mortal remains. Such a course would ultimately defeat the very dignity sought to be protected,” the court said.

The post-mortem examination has long since been completed. All necessary medico-legal formalities have been concluded. Samples have been preserved. Investigation is proceeding independently through CB-CID. No useful purpose would therefore be served by continuing to preserve the body indefinitely, the court said.

“A conjoint reading of Section 2(f) of the Tamil Nadu Anatomy Act, 1951, and Rule 8 of the Tamil Nadu Anatomy Rules, 1951, makes it clear that where a body remains unclaimed after completion of legal formalities, the State is empowered to arrange burial or cremation at government expense,” the court said.

The court directed Madurai Collector, Madurai District, Corporation Commissioner, Dean of Government Rajaji Hospital, Madurai, and other authorities to take immediate steps for the dignified disposal of the mortal remains of the deceased Akash Delison.

The court said the disposal should be undertaken strictly in accordance with the religious faith, customs and practices professed by the family, to the extent ascertainable from available records.

Before undertaking the final rites, the District Administration should ensure that adequate photographic and videographic documentation of the body is preserved as part of the official record. The expenditure incurred for such disposal shall initially be borne by the State in accordance with Rule 8 of the Tamil Nadu Anatomy Rules, 1951, and other applicable governmental instructions, the court said.

The dignified performance of the last rites by the State authorities should not in any manner affect, dilute or prejudice the ongoing investigation into the custodial death, which should continue independently and strictly in accordance with law. The CB-CID should proceed with the investigation uninfluenced by the disposal of the body, should complete the investigation and file its final report before the jurisdictional court as expeditiously as possible, the court directed.