Mohammed Zulfikar Anzari v. UOI & ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1345/2016 MOHAMMED ZULFIKAR ANZARI ..... Petitioner Through:

Mr Jose Abraham and Mr Shyambir, Advocates.

versus UOI & ORS.

..... Respondents Through:

Mr Ripu Daman Bharadwaj, CGSC with Mr T.P.Singh, Advocate for UOI.

Ms Kamna Vohra, Addl. Standing Counsel (Crl.) for State.

Mr B.P.Gupta, Advocate for AIIMS.

ASI Ranjeet Singh, PS- Hauz Khas.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 06.05.2016 The present petition under Article 226 of the Constitution of India prays for a direction to the official respondents including the All India Institute of Medical Sciences (AIIMS), Delhi, to conduct a post-mortem on the mortal remains of late Mohammed Afsar who, it is stated, died in unnatural circumstances on 13.03.2015.

It is an admitted position that the body is being preserved by the hospital authorities at their morgue at the AIIMS.

Counsel appearing on behalf of the respondent No.4 (AIIMS) says that the Department of Forensic Medicine, Post-mortem Wing shall comply with any directions that may be issued by this court in the present petition. The official respondents are all agreed that an expeditious post-mortem needs to be conducted on the mortal remains of late Mohammed Afsar. In view of the foregoing, the present petition is allowed. The official respondents, particularly, the Department of Forensic Medicine, Post-mortem Wing, AIIMS, is directed to conduct the post-mortem as required by law

expeditiously.

It is incumbent upon me to express my gratitude to the authorities at the AIIMS for preserving the body of the deceased Mohammed Afsar without charging anything in that behalf.

Counsel appearing on behalf of the official respondents state that the mortal remains of late Mohammed Afsar shall be released to his brother, the petitioner herein, immediately upon conclusion of the post-mortem. The writ petition is disposed of accordingly. Dasti.

SIDDHARTH MRIDUL, J MAY 06, 2016 mk