ANJU SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petition was filed by the Petitioner seeking early return of the mortal remains of her husband - Mr. Sanjeev Kumar, since deceased. The deceased was an Indian migrant working in Saudi Arabia and was the holder of an Indian passport. He passed away on 24th January, 2021 in Saudi Arabia due to a cardiac arrest. The demise of the deceased was certified by the hospital concerned and an agency for official translation was engaged by the Indian Consulate in Saudi Arabia, which is stated to have incorrectly translated the death certificate and mentioned the religion of the deceased as 'Muslim'. In view of this incorrect translation, it is the case of the Petitioner, that the deceased was buried in Saudi Arabia as per Muslim rites.

(3.) Since the death of the deceased, the Petitioner had made various representations to the Ministry of External Affairs, Union of India requesting for exhuming the mortal remains of the deceased and transporting the same back to India for conducting the last rites, in terms of the deceased's religion. However, there being no reply qua the same, the Petitioner had to file the present petition.