The family of a 25-year-old seafarer, killed in a suspected drone boat attack off the Oman coast last month during West Asia conflict, has moved the Bombay High Court seeking directions to the Union government to bring his mortal remains.
The petition, filed by Dixit Solanki's father Amratlal and sister Mitali, will be heard on April 6 before a bench headed by Chief Justice Shree Chandrashekhar. The plea filed through advocates S B Talekar and Madhvi Ayyappan claims lack of clarity from the authorities.
Dixit Solanki was killed on March 4 when an explosive-laden drone boat struck the oil tanker MT MKD Vyom amid the ongoing West Asia conflict. He is reportedly the first Indian casualty of the maritime tensions in the region.
In their plea, the Solankis have also sought that all investigation and forensic records should be shared with them.
The plea has been filed against the Ministry of External Affairs, the Ministry of Ports, Shipping and Waterways, the Directorate General of Shipping, and V Ships India Pvt Ltd, which manages the vessel MT MKD Vyom.
The plea claimed that the fundamental right to dignity extends to a person even after death and hence, the authorities have a duty to ensure the timely return of the mortal remains to the family.
It also relied on the legal obligations under the maritime regulations and guidelines that require proper handling and repatriation in cases of death at sea.
"The petitioners have a right to receive the mortal remains of the deceased family member and perform rites guaranteed under Article 21 of the Constitution of India," the plea said.
It added that it has been close to a month since the incident, and Solanki's family members have yet to receive his remains.
"The petitioners have been running from pillar to post to get the correct state of affairs and repatriation of the mortal remains of the deceased for performing his final rites. However, the authorities are just passing the buck from one to another," the plea said.
Apart from delay in the handing over of the mortal remains, there has been complete opaqueness and lack of clarity, it added.
"The authorities have in fact not taken any concrete steps to preserve the mortal remains of the deceased," the petition claimed.
It also claimed that after the incident, the family struggled to get clear answers despite writing several emails to the company that owned the vessel.
The family only received replies from the company stating that efforts are underway to recover and repatriate the mortal remains.