Madras High Court
M. Lucia vs The Secretary on 20 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P. No.18338 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.18338 of 2022
M. Lucia ... Petitioner
vs.
1. The Secretary,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai – 600 009.
2. The District Collector,
Collector Office,
Salem.
3. The Superintendent of Police,
Salem City,
Salem.
4. Susairaj
5. The Dean
Rajiv Gandhi Government Hospital,
Chennai - 600 001.
6. Ministry of External Affairs,
Room No.7062,
Jawaharlal Nehru Bhawan,
23-D, Janpath,
New Delhi - 110 011.
https://www.mhc.tn.gov.in/judis
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W.P. No.18338 of 2022
7. Chennai City Commissioner of Police,
132, EVK Sampath Road,
Vepery,
Periyamet,
Chennai.
8. Inspector of Police, Airport Police Station,
Meenambakkam,
Chennai.
9. Director of Medical Education,
156, Poonamallee High Road,
Chetpet,
Chennai.
(R6 to R9 were suo motu
impleaded in
W.P. No.18338 of 2022
dated 15.07.2022)
10. The Dean,
Mohan Kumaramangalam Government Hospital,
Salem.
11. The Air India Cargo,
Chennai Airport, Chennai.
(R10 and R11 were suo motu
impleaded in
W.P. No.18338 of 2022
dated 20.07.2022) ...Respondents
Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 2 and 3 to take
corpse of Maria Antonate, wife of Susairaj from Chennai Airport and
refer to postmortem in Government Hospital, Chennai and then hand
over the corpse to the petitioner for perform funeral.
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W.P. No.18338 of 2022
For petitioner : Mr.S. Thankasivan
for Mr.I.Joseph
For respondents : Mr.B.Vijay,
Addl. Govt. Pleader for R1, R2 and R5
Ms.A. Anuradha,
CGSC for R6
Mr.R. Muniyapparaj,
Addl. Public Prosecutor
Assisted by Mr.R.Moorthi,
Government Advocate for R3, R7 and R8
Mr.T. Seenivasan,
Spl. Govt. Pleader for R9.
ORDER
The instant writ petition involves a case, where a Victim is alleged to have committed suicide in Japan and her body has been brought back to India.
2. Heard the submissions of the respective learned counsels.
3. The petitioner is the mother of the victim. The 4th respondent is her husband. The 4th respondent and the victim were living together in Japan when the victim died. According to the 4th respondent, the victim committed suicide by jumping from a Bridge in Tokyo. The corpse of the victim was brought back to Chennai, Yesterday (19.07.2022) night at 11.30 p.m. As directed by this Court in its earlier order dated https://www.mhc.tn.gov.in/judis 3/10 W.P. No.18338 of 2022 19.07.2022, the corpse is kept at the Air India Cargo, Chennai Airport Chennai.
4. This Court in its earlier order dated 19.07.2022 directed the 3rd respondent police to ensure the presence of the 4th respondent. The said order has been complied with and the 4th respondent is also present. He is also represented by a learned counsel.
5. The 4th respondent would submit that the victim was suffering from mental depression ever since from the marriage and she has been taking treatment and he would also state that he has no objection for re- postmortem of the corpse which is now lying in the Air India Cargo, Chennai Airport, Chennai and at the same time, he would submit that at Tokyo, Autopsy was already done on the victim. He would state that he would like to participate in the last rites to be performed on the victim though he has expressed his interest to do the last rites by himself at Pondicherry. Since the victim is having parents, who are alive and they are also not having a cordial relationship with the 4th respondent, this Court deems it fit to direct the petitioner and the 4th respondent to have the last rites for the victim at Salem, where the petitioner is residing along with her husband and her son. https://www.mhc.tn.gov.in/judis 4/10 W.P. No.18338 of 2022
6. The learned counsel appearing for the petitioner on instructions would also submit that the petitioner has no objection for the presence of the 4th respondent during the last rites ceremonies to be conducted for the victim.
7. Since, this Court has expressed its view that the last rites ceremonies for the victim is to be held only at Salem, the 4th respondent has also expressed his willingness to participate in the last rites ceremonies to be held at Salem.
8. Mr.Muniapparaj, learned Additional Public Prosecutor appearing for the respondents 3, 7 and 8, on instructions would submit that FIR will be registered by the Steel Plant Range Police Station, Salem against the 4th respondent and once an FIR is registered, re-postmortem can be done on the victim. The said statement is recorded.
9. The learned counsel for the 4th respondent has also not raised any serious objection, though he would categorically contend that the 4th respondent is no way responsible for the death of the victim in Japan. Since, autopsy has to be done for the victim by the Mohan Kumaramangalam Government Hospital, Salem, the Dean of Mohan Kumaramangalam Government Hospital, Salem is Suo Motu impleaded as a party respondent in this writ petition. https://www.mhc.tn.gov.in/judis 5/10 W.P. No.18338 of 2022
10. It is also brought to the notice of this Court by the learned Standing counsel for the Airport Authority of India that the corpse is now lying at Air India Cargo at Chennai Airport, Chennai. The said statement is recorded.
11. Since Air India Cargo, Chennai Airport, Chennai is having custody of the victim corpse, they are also Suo Motu impleaded as a party respondent in this writ petition.
12. After hearing the submissions of the respective learned counsels, this Court issues the following directions :-
a) The Air India Cargo, Chennai Airport is directed to return the corpse of Maria Antonate to the 7th respondent / Chennai City Commissioner of Police, Vepery, Chennai, immediately on receipt of a copy of this order.
b) the 7th respondent / Chennai City Commissioner of Police, Chennai is directed to hand over the corpse of the victim to the Salem Steel Plant Range Police Station(D4), Salem who is the jurisdictional Police as far as the resident of the petitioner is concerned and the said Police shall take the corpse to Salem and after registration of an FIR, conduct a re-postmortem of the corpse at Mohan Kumaramangalam, Government Hospital, https://www.mhc.tn.gov.in/judis 6/10 W.P. No.18338 of 2022 Salem.
c) The Dean of Mohan Kumaramangalam, Government Hospital, Salem is directed to appoint a team of Doctors to conduct the autopsy of Maria Antonate, the victim, on receipt of the corpse and after conducting an autopsy shall submit a report to the Steel Plant Range Police Station(D4), Salem and the copy of the same shall also be given to the petitioner as well as the 4th respondent.
d) On receipt of the report, the Salem Steel Range Police Station, Salem shall take custody of the body from the Mohan Kumaramangalam Government Hospital, Salem and hand it over to the petitioner to enable her to do the burial and last rites for the corpse in the presence of the 4th respondent, who is the victim's husband.
e) The Salem Steel Range Police Station (D4), Salem is directed to give adequate protection to the 4th respondent to enable him to participate in the burial and last rites ceremonies for the victim at Salem.
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13. With the above directions, this writ petition stands disposed of. No costs.
20.07.2022 Note : i) Registry is directed to carry out necessary amendment, immediately
ii) Upload order copy on 20.07.2022, before 3.00 p.m.
iii) Issue order copy on 20.07.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai – 600 009.
2. The District Collector, Collector Office, Salem.
3. The Superintendent of Police, Salem City, Salem.
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4. The Dean Rajiv Gandhi Government Hospital, Chennai - 600 001.
5. The Ministry of External Affairs, Room No.7062, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.
6. The Chennai City Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai.
7. The Inspector of Police, Airport Police Station, Meenambakkam, Chennai.
8. The Director of Medical Education, 156, Poonamallee High Road, Chetpet, Chennai.
10. The Dean, Mohan Kumaramangalam Government Hospital, Salem.
11. The Air India Cargo, Chennai Airport, Chennai.
https://www.mhc.tn.gov.in/judis 9/10 W.P. No.18338 of 2022 ABDUL QUDDHOSE, J.
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