HC orders state to perform last rites of torture victim

Justice L. Victoria Gowri said the family’s refusal to take possession of the body, despite ample opportunity and a specific court order, leaves the court no option but to empower state authorities to act in accordance with the law.

Taking note of the fact that the family of Akash Delison, 26, who died after allegedly being tortured by the police, refused to take over his body from the Rajaji Government Hospital mortuary, the Madurai Bench of the Madras High Court on Tuesday directed the authorities to take immediate steps for dignified disposal of his mortal remains.

The deceased person’s right to a decent burial or cremation is not just a matter of religious observance. It is an extension of human dignity itself. Constitutional values that protect individuals during life continue to operate with respect to mortal remains after death, the court said.

According to the court, the family was repeatedly informed. A reasonable opportunity was provided. The court issued a specific instruction that they should receive the body on Monday. It is true that the court’s instruction was not followed.

“Continued refusal of the family to accept the body cannot lead to the indefinite preservation of mortal remains. Such a practice would ultimately defeat the very dignity to be protected,” the court said.

The autopsy is long overdue. All the necessary medico-legal formalities have been completed. Samples have been preserved. The investigation is being conducted independently by CB-CID. Therefore, continuing to preserve the body indefinitely would serve no useful purpose, the court said.

“A conjoint reading of Section 2(f) of the Tamil Nadu Anatomy Act, 1951 and Rule 8 of the Tamil Nadu Anatomy Rules, 1951 makes it clear that if the body remains unclaimed after the completion of legal formalities, the State is entitled to arrange for burial or cremation at the Government expense,” the court said.

The court directed the Madurai Collector, Madurai District, Corporation Commissioner, Dean of Rajaji Government Hospital, Madurai and other authorities to take immediate steps for dignified disposal of the mortal remains of late Akash Delison.

The court said that the disposal should be carried out strictly in accordance with the religious beliefs, customs and practices professed by the family to the extent ascertainable from the available records.

Before the final rites are performed, the district administration should ensure that sufficient photographic and video documentation of the body is preserved as part of the official record. The expenditure incurred on such disposal shall first be borne by the State in accordance with Rule 8 of the Tamil Nadu Anatomy Rules, 1951 and other applicable government guidelines, the court said.

The dignified performance of last rites by state authorities should in no way affect, dilute or prejudice the ongoing investigation into the custodial death, which should continue independently and strictly in accordance with the law. The CB-CID should continue the investigation without affecting the liquidation of the body, should complete the investigation and submit its final report to the appropriate court as soon as possible, the court ordered.

Published – 16 Jun 2026 19:56 IST