Rajasthan High Court Directs Centre To Issue NOC For Bringing Mortal Remains Of Indian-Origin Man From UK

With this, a bench of Justice Sunil Beniwal set aside a communication given by the Under Secretary (External Affairs Minister's Office) denying issuance of NOC to the son of the deceased.

The petitioner (Bhaya Lal Bhagriya) had moved the instant writ petition, submitting that his father had acquired British citizenship only a month prior to his death and was intending to apply for Overseas Citizenship of India (OCI) before he passed away on 21.04.2025 in the London Borough of Brent.

It was submitted that the family, residing in Rajasthan, wished to perform the deceased's last rites in India in accordance with their religious beliefs; however, the authorities had declined to grant an NOC.

The petitioner relied on a judgment of the Delhi High Court in Anthony Watts v. UOI & Anr 2024 LiveLaw (Del) 915, where the HC had directed the issuance of NOC in similar circumstances.

On the other hand, the Counsel for the respondents submits that as per the Office Memorandum dated April 25, 2020, issued by the Ministry of Home Affairs, Government of India, the mortal remains of only Indian Citizens and OCI Cardholders can be transferred to India and, therefore, the mortal remains of the deceased father of the petitioner cannot be transported from U.K. to India.

In its order, the Court categorically expressed its agreement with the observations as rendered by the Delhi High Court in the Anthony Watts case.

It added that in the present matter too, the Indian documents like passport and Aadhar have been placed on record, and therefore, it opined that it was appropriate to grant the prayer as sought by the petitioner.

Thus, the petition was allowed.