No OCI card: Kerala HC rejects plea for repatriation of PIO UK citizen’s mortal remains

Kochi: High court has held that the transfer of a person's mortal remains from a foreign country to India cannot be based on the wishes or desires of any successor or legal heir, but must be decided primarily on the basis of citizenship and the applicable rules in force.A bench of Justice Bechu Kurian Thomas issued the ruling on March 31 while dismissing a petition filed by Hans Joseph of Muttuchira in Kottayam, seeking permission for the repatriation of the mortal remains of his nephew, Joby Thomas, from the United Kingdom.The petitioner submitted that Thomas, who had acquired UK citizenship in 2016 and had not obtained an Overseas Citizen of India (OCI) card, died on Feb 6. He further stated that the deceased's mother and daughter are both alive in India, and therefore, the mortal remains ought to be brought to India. The petitioner had approached the Indian consulate in the UK for a no objection certificate (NOC) to repatriate the mortal remains, but the request was refused, prompting him to move HC. An email from the deceased's second wife, a Filipino national, was also produced before HC, indicating that her late husband had wished to return and settle in Kerala.Meanwhile, the ministry of external affairs asserted that if the deceased is a foreign national, the possession and production of a valid OCI or Person of Indian Origin (PIO) card at the time of death is a mandatory requirement for the repatriation of the body to India. In this case, the deceased had surrendered his Indian passport and had not obtained an OCI card, although he was eligible to apply for one.HC noted that the deceased had not applied for an OCI card, and there was nothing to indicate that he had, at any point, intended to retain his domicile of origin or have his mortal remains brought to India. Although an email from his second wife had been furnished, it was not considered reliable, as the communication was made after Thomas's death. HC also observed that the petitioner was not a legal heir of the deceased and therefore had no locus standi to maintain the petition. It was noted that the deceased's mother and daughter are both alive, and neither had approached HC seeking any direction. Accordingly, HC dismissed the petition.