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A Single Judge Bench of Justice Pratibha M Singh of Delhi High Court recently directed the Ministry of External Affairs ("MEA") to facilitate the repatriation of mortal remains of a Hindu Indian Migrant who was buried in Saudi Arabia as per Muslim Rites by seeking cooperation from the Deputy Chief of Saudi Arabian Embassy. 

In the present matter, the deceased, an Indian Migrant working in Saudi Arabia & holder of an Indian Passport, passed away on January 24, 2021, in Saudi Arabia due to a cardiac arrest. Due to an error by the employee in the translation of the deceased's death certificate, the deceased was buried as per Muslim rites. Thereafter the deceased's wife ("petitioner") made various representations to the Respondents for exhuming the mortal remains of the deceased and for transporting the same back to India on an urgent and time-bound basis.

On March 16, 2021, the Bench directed the MEA official to join the proceedings online to apprise the Court of the steps taken and the current status regarding the return of the deceased's mortal remains to his family. 

The official informed the Bench about the protocol, which the concerned Authority follows in Saudi Arabia upon the death of an Indian Citizen. As per the protocol, the Local Authority does not bury the body until the issuance of No Objection Certificate by the Indian Consulate. He further submitted that the deceased's body was buried in a non-Muslim cemetery on February 17, 2021, without informing the Indian Consulate. The official also apprised the Bench of the fact that the Indian Consulate took steps by writing communications dated February 21, 2021, February 24, 2021, & March 7, 2021, to the Ministry of Foreign Affairs, Kingdom of Saudi Arabia, Jeddah & Governor of Jazan Region, Kingdom of Saudi Arabia upon receipt of information of burial on February 18, 2021. 

The Bench thereafter issued the following directions before listing the matter for hearing on March 24, 2021:

• The petitioner may collect the compensation/monetary payment deposited by the employer from the District Collector in Una, Himachal Pradesh. In case of delay in receiving the same, Petitioner’s Counsel may contact the MEA official appearing before Court.
• Indian Consulate to coordinate with the deceased’s employer to check for any pending monetary benefits payable to the petitioner & provide the details of the Consulate official in Jeddah dealing with the employer to Petitioner’s Counsel. 

Case Title: Anju Sharma v. Union of India, Through its Secretary & Another