The single Judge bench of the Delhi High Court presided by Justice Navin Chawla directed the Delhi Government to expedite the process of DNA matching test of a riot victim within a period of fifteen days.
The Court was hearing a plea of one Sajid Ali who had approached the Court seeking direction to the Government to expeditiously conclude the DNA matching test of a burnt body apprehended to be the body of the petitioner’s son.
The petitioner said that his son has been missing since 25.02.2020 and to confirm the identity, DNA samples were taken from the body of the petitioner and also that of his family members on 03.03.2020. However nothing has been done thereafter.
The petitioner has submitted that incase the DNA turns out to be negative, the delay in further investigation would infact make it even more difficult for the missing person to be traced.
The Counsel for the Delhi Government informed the Court that they were waiting for the Court orders regarding the DNA testing. On being asked if there is any provision in law whch requires for a direction from the Court in such cases, the counsel for Delhi Government admitted that there is no provision requiring such particular direction from the Court for such testing.
The court thereafter directed the Government to complete the DNA testing within a period of fiftteen days and to communicate the result of the test to the petitioner.
The Court further observed “there is delay in testing only for want of orders from the Court, as there is no such provision of law shown requiring orders from the Court, such delay cannot be countenanced. The Respondents must, therefore, looking into the urgency of each case, carryout such testing without waiting for any order from any Court.”
-Shaheen Parween