The Kerala High Court has directed that the mortal remains of Robert Francis Sahayan, an Indian citizen who died in the United Arab Emirates in March 2025, be given a dignified burial after remaining in a forensic laboratory in Ajman for approximately 19 months. Justice P.V. Kunhikrishnan issued additional directions on October 28, 2026, to ensure that a family dispute over the place of burial did not cause further delay.
Background
The petition was filed by Mary Victoria, the 72-year-old niece of Robert Francis Sahayan, before the Kerala High Court in WP(C) No. 35189 of 2025. Sahayan, who was 71 years old and unmarried, died in the UAE on March 26, 2025.
Mary Victoria approached the Indian Consulate in Dubai seeking the repatriation of his mortal remains to Kerala. She wanted to perform the funeral rites according to religious customs and arrange his burial at the family tomb at St. Andrew’s Church in Sasthamcotta, Kollam.
However, another relative, Johnson Philips, the deceased's nephew, requested that the funeral be conducted in the UAE. The conflicting requests led to difficulties in deciding the arrangements, leaving the body at the forensic laboratory in Ajman.
On October 22, 2026, the High Court directed the Ministry of External Affairs and the Indian Consulate in Dubai to take immediate steps to repatriate the remains, with Mary Victoria initially bearing the expenses.
While considering the matter again, Justice Kunhikrishnan observed that the earlier direction addressed repatriation but did not settle the practical arrangements for burial or prevent further disputes between the relatives.
The Court emphasised that respect for human dignity does not end with death. Referring to the Supreme Court's decision in P.T. Parmanand Katara v. Union of India, it highlighted the protection available to a person's body under Article 21 of the Constitution.
The Court observed:
“If a citizen in our country dies, which is inevitable at some stage of life for everyone, it is the duty of the relatives, society and the state to see that there is a decent burial of his dead body.”
The judge also made clear that disagreements over the deceased's property, if any, should be resolved through the appropriate legal proceedings rather than by delaying the burial.
The Court further observed:
“A dead body deserves no label, but it deserves respect and dignity. This is part of the right under Article 21 of the Constitution of India.”
To implement its decision, the Court added the jurisdictional Station House Officers of Thekkumbhagam and Sasthamcotta police stations, along with the District Medical Officer of Kollam, as additional respondents.
The police were directed to ensure that no law-and-order problems arose until the burial was completed. Mary Victoria was permitted to perform the funeral rites according to religious customs and arrange the burial at St. Andrew’s Church, Sasthamcotta, West Kallada, Kollam, subject to the church authorities' consent.
The Court directed that the burial be completed within four days of Mary Victoria receiving the mortal remains. The District Medical Officer was instructed to make the necessary arrangements to preserve the body until burial, with the petitioner bearing any associated expenses.
The matter was posted for further consideration on November 26, 2026.
Case Details
Case Title: Mary Victoria v. Ministry of External Affairs, Government of India & Others
Case Number: W.P.(C) No. 35189 of 2025
Judge: Justice P.V. Kunhikrishnan
Decision Date: October 28, 2026
