Delhi HC paves way for dignified cremation of body lying in morgue for 27 days

By Dhiraj Beniwal
New Delhi [India], July 1 (ANI): The Delhi High Court on Tuesday paved the way for the dignified cremation of a man's body kept lying in a hospital morgue for the last 27 days, waiting for cremation amid a family dispute. The High Court directed that the last rites be performed jointly by the family members at Nigam Bodh Ghat in the police presence on Wednesday.
In its order on Tuesday, the High Court said, "Considering the gravity of the situation and the fact that the deceased's body has been kept lying in the mortuary for the last 27 days and is needed to be given a dignified departure from the mortal world.", the report said.
The deceased Surendra Nath Ojha was originally from Bihar and was allegedly living separately from his wife and daughter since 2013. He was brought to Delhi by his elder brother, where he died in a hospital on June 3, 2025.
The petitioner, Rajendra Prasad Ojha, who is the elder brother of the deceased, had requested a postmortem due to apprehension of being implicated in a criminal case. The body was kept preserved for postmortem examination in the mortuary of DDU hospital.
Justice Swarana Kanta Sharma directed the DDU Hospital to hand over the body of the deceased to the SHO of Police Station Hari Nagar or any other officer deputed by him, at about 02:00 PM.
The officer shall facilitate the transfer of body to Nigam Bodh Ghat, and the last rites will be conducted at 04:00 PM on Wednesday at Nigam Bodh Ghat, Delhi jointly by the petitioner, the elder brother of the deceased and Phool Kumari daughter of the deceased under the supervision of the local/concerned SHO Kasmiri Gate, the court directed.
"SHO, Kashmere Gate Police Station, will ensure that no untoward incident takes place when the last rites are conducted. The parties are also directed, and they also undertake, that considering the situation herein, they will maintain peace, decorum and sanctity that such occasion commands," Justice Swarana Kanta Sharma ordered on July 1.
Deceased's elder brother Rajendra Prasad Ojha sought direction from the police to hand over the body to him for the last rites.
Senior advocate Amit Chaddha, along with Gaurav Sharma and Harjas Singh, appeared on behalf of the petitioner. It was argued that the deceased was living separately from his wife and daughter.
The senior advocate also produced on record an order of the court, wherein it is mentioned that the deceased was living separately. Though this fact was disputed by the respondents.
While dealing with the petition, the High Court also called for a report from the DDU hospital.
The hospital filed a report and observed that there were extensive ulcerations present over the left foot and half lower part of the back. After postmortem examination of the body, multiple incisions will be required for the complete autopsy, and after that, the condition of the body, along with preexisting ulcerations, will be more vulnerable to decomposition during transportation and lying in the compromised cooling system of the ambulance.
"To prevent the further distortion of the body, hence, it will be more reasonable to cremate the body as early as possible, followed by postmortem examination."
The deceased had disputes with his wife, and he made a will in 2012 that his last rites had to be performed by his brother only. (ANI)