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Delhi HC asks govt to expedite DNA testing of Delhi riot victim

The government was unable to present legal provision which requires court orders to conduct DNA test

Sabrangindia 25 Mar 2020

delhi violence

The High Court has directed the state government to expedite DNA testing of bodies of riot victims without waiting for court orders to that effect. The Court was hearing a petition moved by the parent of child who has been missing since February 25, 2020 when rioting took place in North East Delhi. 

The man has been waiting to have a DNA test confirm whether the charred remains recovered two days later belong to his son. The Court, however, noted that there was no need for the government to wait for the court’s orders to go on with the DNA testing as there was no legal provision or prerequisite to that effect.

DNA samples had already been collected from the family members as well as from the body suspected to belong to the petitioner’s son. The testing was, however, not initiated as the government was waiting for court orders for the same. The petitioner submitted that delay in the DNA testing would make it difficult for his missing person to be traced. Delhi government’s counsel submitted that it is only in the cases of a direction being given by a Court that priority is granted to such cases; but failed to put forth a legal provision to this regard.

The Court then asked the respondents to expedite the process of the DNA testing and provide the report to the petitioner as soon as it is received while also filing an affidavit in court confirming the same. The Court then specifically asked the respondents to take a call on the basis of urgency of each case and not wait for court’s order.
 

The Delhi High Court order can be read here: 

 

Delhi HC asks govt to expedite DNA testing of Delhi riot victim

The government was unable to present legal provision which requires court orders to conduct DNA test

delhi violence

The High Court has directed the state government to expedite DNA testing of bodies of riot victims without waiting for court orders to that effect. The Court was hearing a petition moved by the parent of child who has been missing since February 25, 2020 when rioting took place in North East Delhi. 

The man has been waiting to have a DNA test confirm whether the charred remains recovered two days later belong to his son. The Court, however, noted that there was no need for the government to wait for the court’s orders to go on with the DNA testing as there was no legal provision or prerequisite to that effect.

DNA samples had already been collected from the family members as well as from the body suspected to belong to the petitioner’s son. The testing was, however, not initiated as the government was waiting for court orders for the same. The petitioner submitted that delay in the DNA testing would make it difficult for his missing person to be traced. Delhi government’s counsel submitted that it is only in the cases of a direction being given by a Court that priority is granted to such cases; but failed to put forth a legal provision to this regard.

The Court then asked the respondents to expedite the process of the DNA testing and provide the report to the petitioner as soon as it is received while also filing an affidavit in court confirming the same. The Court then specifically asked the respondents to take a call on the basis of urgency of each case and not wait for court’s order.
 

The Delhi High Court order can be read here: 

 

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