Jammu 25 July 2024: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice (Acting) Tashi Rabstan and Justice Rajnesh Oswal took suo motu cognizance to expedite the retrieval of a man’s body from Pakistan. The deceased, Harash Nagotra, tragically drowned in the Chenab River, and his body was discovered across the border, in Pakistan and issued notice to Union of India through Ministry of Home Affairs, Ministry of Home External Affairs (India) and Union Territory of J&K, through Secretary to Government, Ministry of Home, Civil Secretariat,
Jammu/Srinagar.
DSGI Vishal Sharma who is present in the Court accepts notice on behalf of the respondent Nos.1&2. DB granted one week time to have instructions. DB further ordered that Notice shall go to respondent No.3 only and the expenses of service of notice to respondent No.3 shall be borne by the Registry.
Initially, a PIL was filed by Indu Bhushan Bali, requesting the court to treat the matter as a PIL under Articles 226 and 227 of the Constitution of India. The petition sought directions to protect the fundamental rights of the parents of the late Harsh Nagotra, ensuring their ability to perform the last rites of their son.
However, DB dismissed the petition stating that the parents of deceased-Harsh Nagotra have projected their grievance before the Court and requested for early retrieval of their son’s body from the Pakistan, therefore this PIL is not maintainable on the instance of Indu Bhushan Bali. As such, we are not inclined to entertain this PIL and the same is accordingly, dismissed