Initiate steps to take the body of Santhan to Sri Lanka as quickly as possible, HC tells TN govt

The other clinical procedure like postmortem and embalming of the body also have been completed, therefore at any time subject to the necessary permission to be granted by the Lankan High Commission as well as the Central authorities, Santhans body can be flown to Sri Lanka, the public prosecutor added.The bench said in this context, Additional Solicitor General ARL Sundaresan, appearing for the Central authorities has submitted that, in order to give such a final nod for taking Santhans body to Sri Lanka, certain documents were required.

The Madras High Court on Thursday directed the Tamil Nadu government to take all necessary steps to ensure that the process for taking the body of Santhan, a former convict in the Rajiv Gandhi assassination case, to Sri Lanka was completed as quickly as possible.

Santhan (55), a Sri Lankan national was one among the seven convicts in the case ordered to be released by the Supreme Court in 2022 after spending over 20 years in jail. Admitted to a government hospital here last month for liver failure, he died on Wednesday following a cardiac arrest.

A division bench comprising Justices R Suresh Kumar and K Kumaresh Babu also directed the state government to lend a helping hand for the body of Santhan to be transported by air. Whatever logistical assistance and other security arrangements need to be provided shall also be extended by the State Government. The bench said in this regard, a senior IAS Officer and an IPS Officer of the TN government shall be appointed as Nodal officers, who shall undertake the aforesaid task on its behalf . On completion of this task, a compliance report to that effect shall be filed both by the State and Central authorities before this Court on March 4, 2024, the bench added.

It further directed the State authorities to ensure that the necessary documents to be provided by the Hospital authorities shall be done immediately to the Foreigners Regional Registration Officer (FRRO).

The court was hearing Santhan's earlier plea for a direction to authorities concerned to deport him to Sri Lanka. Post his release in 2022, he was lodged in a special camp at Tiruchirappalli.

The State shall also make an endeavour to get the clearance from the High Commission of Sri Lanka here by taking note of the emergent situation and accordingly such a certification or clearance from the High Commission be obtained and produced before the FRRO. On receipt of these documents, the FRRO was directed to issue necessary orders/clearance immediately enabling the body of the petitioner to be flown to Sri Lanka, the bench added.

In its order, the bench also said when they asked about the current status, the Public Prosecutor has submitted that Magistrate enquiry was completed as Santhan had been in the Tiruchirappalli special camp before he was hospitalised. The other clinical procedure like postmortem and embalming of the body also have been completed, therefore at any time subject to the necessary permission to be granted by the Lankan High Commission as well as the Central authorities, Santhan's body can be flown to Sri Lanka, the public prosecutor added.

The bench said in this context, Additional Solicitor General ARL Sundaresan, appearing for the Central authorities has submitted that, in order to give such a final nod for taking Santhan's body to Sri Lanka, certain documents were required. These were-- travel documents which have already been issued by the concerned authority on February 22, 2024. Death Certificate to be issued by the Hospital, embalming certificate issued by it and the permission from the Sri Lankan High Commission/Embassy here allowing Santhan's body to be flown to Sri Lanka were the others. The ASG also submitted that, collecting these documents may not be a big task and it could be done as soon as possible. Subsequently, the Central authority i.e. FRRO, would give the necessary final nod for taking the body of the petitioner to Sri Lanka. ''The said submissions made by the Public Prosecutor and the Additional Solicitor General are taken on record'', the bench added.

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