J&K and Ladakh HC Takes Suo Motu Action For Recovery of Indian Man’s Body Found In Pakistan

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Synopsis

The High Court took suo motu cognizance based on submissions by the deceased's parents

The High Court of Jammu & Kashmir and Ladakh has initiated a suo motu case concerning the recovery of the body of a 20-year-old man, Harsh Nagotra, from Pakistan. Nagotra drowned in the Chenab River under mysterious circumstances, and his body was later found in Pakistan.

The High Court decided to take suo motu cognizance after a public interest litigation (PIL) was filed on the matter. Although the Court dismissed the PIL, submissions made by the parents of the deceased led to the registration of the suo motu case.

A bench comprising Acting Chief Justice Tashi Rabstan and Justice Rajnesh Oswal issued notices to the Union of India and the Union Territory of Jammu and Kashmir. Deputy Solicitor General of India, Vishal Sharma, has been given one week to provide instructions regarding the matter.

Harsh Nagotra's parents claimed that their son drowned in the Chenab River and his body was subsequently found in Pakistan. They urged the Court to ensure the return of their son's body for the conduct of last rites and other rituals.

"As the parents of deceased-Harsh Nagotra have projected their grievance before the Court and requested for early retrieval of their son's body from Pakistan, this PIL is not maintainable on the instance of petitioner Indu Bhushan Bali. As such, we are not inclined to entertain this PIL, and the same is accordingly dismissed. However, we take suo motu cognizance of the incident," the High Court stated.

The Court directed its registry to register the case under the title ‘Court on its own motion vs. Union of India and others.' Notices have been issued to the Union Home Ministry, External Affairs Ministry, and the Union Territory of Jammu and Kashmir.

The case is scheduled for next hearing on July 29.

 

Cause Title: Court on its own motion v Union of India