J&K and Ladakh HC takes suo motu cognizance vis-a-vis return of drowned Indian youth’s body from Pakistan

The instant PIL was filed on behalf of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was later found in Pakistan.

Jammu and Kashmir and Ladakh High Court

Jammu & Kashmir and Ladakh High Court: While considering the instant PIL seeking to issue directions for the protection of fundamental rights of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was found in Pakistan, the Division Bench of Tashi Rabstan, ACJ* and Rajnesh Oswal, JJ., took suo motu cognizance of the incident and issued notices to Union of India through Ministry of Home Affairs, Ministry of External Affairs and Union Territory of J&K, through Secretary to Government.

The instant PIL was filed on behalf of the deceased youth’s parents. It was contended that their son’s body is required to be returned from Pakistan, so that they can conduct last rites and other rituals.

The Court noted that the parents of the deceased youth were present in person before the Court and presented their grievance; which is why the Court declined to entertain the instant PIL filed on their behalf.

However, the Court took suo-motu cognizance of the matter and issued notices to the relevant parties.

[Indu Bhushan Bali v. Union of India, 2024 SCC OnLine J&K 578, decided on 22-07-2024]

*Order by Justice Tashi Rabstan, Acting Chief Justice


Advocates who appeared in this case :

Petitioner in person

Vishal Sharma, DSGI for the respondent

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