The present petition under Article 227 of the Constitution of India preferred by the legal heirs of Mr. Sujaat Ali assails the order dated 15.12.2023 passed by the learned Motor Accident Claim Tribunal. Vide the impugned order, the learned Tribunal has, after taking into account the Detailed Accident Report (DAR) filed by the Investigating Officer, directed that the grave of Mr. Sujaat Ali be dug up and a DNA test be performed on his body to verify whether the petitioners are his legal heirs, as claimed by them.
7. Having considered the submissions of the parties, this Court is prima facie unable to appreciate this stand taken by the respondent no.4 or the approach adopted by the learned Tribunal. Once a further investigation by the Police Authorities has already been directed, the impugned directions for digging up of the grave of a dead person to carry out a DNA test, were in my view wholly unwarranted. It appears that the learned Tribunal has failed to appreciate that the DNA test cannot be ordered in such a routine manner. In this regard, reference may be made to a recent decision of the Apex Court in SLP (C) No. 9855/2022 titled Aparna Ajinkya Firodia v. Ajinkya Arun Firodia.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 298/2023, CM APPL. 9122/2023 -Stay.
SUJAAT ALI (DECEASED) THROUGH LRS Vs GOVERNMENT OF N.C.T OF DELHI & ORS.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
Dated: 24.02.2023
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