The court exercised its power of mandamus to direct the authorities for the custody, re-postmortem, and release of the victim's corpse, ensuring the participation of the victim's husband in the burial and last rites ceremonies.

JUDGMENT :

(Prayer: 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.)

1. 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 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 repostmortem 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.

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.

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 retu