Delhi HC Orders Indian High Commission In London To Issue NOC for Transfer Of Mortal Remains From UK To Hyderabad

The Delhi High Court has directed the Indian High Commission in London to issue a No Objection Certificate (NOC) to the wife of the late Alfi Richard Watts. This NOC is required for transferring the mortal remains of Alfi Richard Watts from the United Kingdom to Hyderabad. This decision facilitates the repatriation process and ensures that the deceased can be laid to rest according to his family’s wishes.

The father of the deceased, Alfi Richard Watts, recently approached the Delhi High Court regarding the transfer of his son’s mortal remains. He highlighted that while authorities in the United Kingdom, including the local Member of Parliament and County Councillor, have fully supported and facilitated the process, the transfer was hindered by the lack of a No Objection Certificate (NOC) from the Indian High Commission in London.

The NOC was denied on July 29, 2024, due to Watts’s status as a British citizen without an Overseas Citizen of India (OCI) card. The plea sought the court’s intervention to resolve this issue and enable the repatriation.

In an order on August 16, Justice Sanjeev Narula said, “The communication dated July 29, 2024, passed by the Consular Section of the High Commission of India in London, refusing to grant a No Objection Certificate for the transfer of mortal remains, is set aside.”

A mandamus is issued directing the Indian High Commission in London to issue a No Objection Certificate to the petitioner’s daughter-in-law, Sharon Alphonso, for the transfer of the mortal remains of the late Alfi Richard Watts from the United Kingdom to Hyderabad.

Advocates Avinash Mathews and Namrata Caleb, representing the petitioner, argued that the inconsistency in guidelines applied by various Indian diplomatic posts worldwide leads to arbitrary treatment based on the deceased’s location at the time of death. They asserted that crucial consular services, integral to human dignity and family rights, should not vary depending on the deceased’s nationality or specific documentation like a PIO or OCI card. This is particularly relevant when significant Indian origins or connections are involved. The petitioner seeks a more uniform and equitable approach to such services.

The petitioner highlighted that the differing guidelines applied by the Indian High Commission in the United Kingdom, compared to those in Singapore and the USA, raise concerns about the consistency and rationale of consular services. This discrepancy underscores the need for a uniform approach to ensure equitable treatment in handling such sensitive matters globally.

The petitioner pointed out that the Indian High Commission in London requires an OCI card for the repatriation of mortal remains, while other Indian commissions do not impose such stringent requirements. This inconsistency suggests arbitrariness in the application of these rules. The petitioner emphasized that despite Mr. Watts’s change in nationality, he was of Indian origin, as evidenced by his birth and familial ties to Indian citizens, which should be considered in the repatriation process.

The court observed that the guidelines for the transfer of mortal remains emphasize that the deceased should be of Indian origin. Since it has been confirmed through documents that Watts was of Indian origin, the court deemed it appropriate to grant the petitioner’s request for repatriation.

(With ANI Inputs)

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