The Delhi High Court while staying the order passed by Motor Accident Claim Tribunal directing digging of grave of a deceased man to conduct a DNA test for verifying his legal heirs has re-iterated that DNA test cannot be ordered in a routine manner.
The single-judge bench of Justice Rekha Palli wasn't appreciative of the approach adopted by the Tribunal and referred to SC Ruling in Aparna Ajinkya Firodia Vs. Ajinkya Arun Firodia 2023 Latest Caselaw 123 SC .
"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," she said.
She also rejected the submission of the Legal Respresentatives of deceased that the reason for the Tribunal to pass the exhumation order was that petitioners were greedy persons who were trying to extract compensation as the matter was on the basis of a DAR and not on the basis of any claim preferred by the petitioners.
The petitioners have also argued that once the Investigating Officer had been directed to conduct further investigation, the report whereof was still awaited, and therefore no such directions which would amount to affronting the dignity of a dead person, could have been passed by the Tribunal.
The Court has granted Government time to file its to file their counter affidavit within four weeks in the matter.
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(With input from news agency language)
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