HC allows repatriation of body of British citizen
JODHPUR, June 15 -- The Rajasthan high court directed the Union government to issue a no-objection certificate (NOC) for bringing back the mortal remains of an Indian-origin man, who died in the UK, observing that humanitarian and religious considerations must prevail in such cases.
The order, issued on Friday, came on a petition filed by Bhaya Lal Bhagriya, a resident of Dungarpur, whose father Fakira Bhagriya died in the London Borough of Brent on April 21, 2025 - barely a month after acquiring British citizenship. The petitioner submitted that the family wished to perform the last rites in India in accordance with their religion and beliefs, but the authorities had declined to issue a NOC since the deceased was neither an Indian citizen nor held an Overseas Citizenship of India (OCI) card at the time of death.
The petitioner's counsel argued that the refusal lacked a humanitarian approach, especially as the deceased was of Indian origin and had intended to apply for OCI shortly before his death. Only the formal issuance of the NOC by the Indian High Commission in London was pending, he said.
In response, counsel for the government cited an Office Memorandum dated April 25, 2020, issued by the ministry of home affairs, which permits repatriation of mortal remains only for Indian citizens and OCI cardholders.
However, the court drew support from a Delhi high court ruling in Anthony Watts v. Union of India, where a similar restriction had been set aside.
Justice Sunil Beniwal noted: "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 bench further observed: "This court is in agreement with the observations as rendered by the Delhi high court. In the present matter too, the Indian documents like passport and Aadhaar have been placed on record, therefore, this court deems it appropriate to grant the prayer as sought for by the petitioner."
The court accordingly set aside the communication dated May 19, 2025, issued by the under secretary of the ministry of external affairs, which had denied the NOC.
It directed the authority concerned to issue the certificate to facilitate the transfer of the mortal remains from the UK to the petitioner's residence in India....
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