Delhi HC directs expeditious DNA testing of bodies of riot victims without waiting for court orders

Kosha Doshi | Symbiosis Law School, Pune | 30th March 2020

Sajid Ali v. Government of NCT of Delhi [ Writ Petition (civil) 2912/2020; High Court of Delhi]

Facts:

            On 26 Feb 2020, the capital of India (i.e. New Delhi) was burned by the masked hooligans and tearaways. On that day the half of the capital was burning and people were dying in the street. In this riot, numerous people get killed and some of them killed by these hooligans. These hoodlums rampant the streets of Delhi and destroyed the shops, malls and various other households of the people. There were several victims of these riots, many families had lost their loved ones.

A plea was moved by the petitioner, Sajid Ali who claimed that one of the bodies recovered from the riot site belonged to his son. According to Sajid Ali, his son went missing on the 25^th of February, 2020 wherein a burnt body was recovered two days later. On the 3^rd of March, 2020 the DNA samples were taken from the body and the family of the petitioner, Sajid Ali. Ut since then, the petitioner had not heard any news or information regarding the same from the respondent. 

            The process of obtaining the court’s order in conducting the DNA test was delaying and jeopardizing the process to trace his missing son. The Delhi government represented by Mr. Naushad Ahmed Khan informed the court that the government was waiting for the court’s order. It was further submitted that only in the cases of direction given by the court that priority is granted to such cases. 

Issue:

            The main issue, in this case, was a delay in the testing of the DNA samples and generation of the report of the same by the officials of the Delhi Government and the other issue was whether the government authorities need permission or have to wait for the court order to test the samples of the DNA or Not?

Judgment:

            The Delhi High Court has directed the Delhi Government that there was no need to wait for the order of the court before conducting the DNA testing of persons killed during the Delhi Riots. The court noted that the law does not exist that requires prior permission of the court before conducting DNA testing. The case was heard by Justice Navin Chawla who directed the Delhi Government to speed up the process of DNA matching and testing. Further, the court directed the Delhi Government to complete the same positively within duration of fifteen days. 

            After the inquiry, it was submitted that there was no provision in law requiring such particular direction from court in respect to DNA testing. Keeping the circumstances in mind, the court ordered the Delhi government to speed up the process of DNA testing and complete the same within duration of 15 days from the said order. The court held that looking into the urgency of each case, carrying out testing without waiting foe any order from court was appropriate and justifiable. The order passed on 18^th of March, 2020 directs expeditious DNA testing of bodies of riot victims without waiting for court orders.