Madras High Court Orders State to Perform Last Rites of Man Who Died in Custody
The Madurai Bench of the Madras High Court has directed state authorities to conduct the last rites of Akash Delison, 26, who died following alleged custodial torture by the police. The family had refused to receive his body from the mortuary of Government Rajaji Hospital.
Justice L. Victoria Gowri observed that the family's continued refusal, despite sufficient opportunity and a specific judicial direction, left the court with no alternative but to authorise the state to proceed in accordance with law.
The court emphasised that the right to a decent burial or cremation is an extension of human dignity, and constitutional values that protect an individual during life continue to operate after death. It noted that the family had been repeatedly informed and adequate opportunity granted, but the court's direction to receive the body on Monday was not complied with.
“The continued refusal of the family to receive the body cannot result in indefinite preservation of mortal remains. Such a course would ultimately defeat the very dignity sought to be protected,” the court said.
The post-mortem examination and all medico-legal formalities have been completed, and samples preserved. The investigation by the CB-CID is proceeding independently. The court cited the Tamil Nadu Anatomy Act and Rules, which empower the state to arrange burial or cremation at government expense for unclaimed bodies after legal formalities.
The court directed the Madurai Collector, Corporation Commissioner, Dean of Government Rajaji Hospital, and other authorities to take immediate steps for dignified disposal, strictly in accordance with the religious faith and customs of the family, to the extent ascertainable. Adequate photographic and videographic documentation of the body must be preserved as part of official records. The expenditure shall be borne by the state.
The court clarified that the dignified performance of last rites by the state should not affect the ongoing investigation into the custodial death. The CB-CID must continue the investigation independently, complete it expeditiously, and file its final report before the jurisdictional court.
