The Delhi High Court has dismissed a petition filed by brother of late diplomat Mukul Arya, seeking a fresh investigation and constitution of a Commission of Inquiry into his death in Ramallah in March 2022. Justice Sanjeev Narula observed that the multi-tiered inquiry conducted by Indian and foreign authorities including two autopsies in Palestine and at AIIMS, toxicology tests in Jordan, and DNA profiling revealed no signs of violence, poisoning, or third-party involvement.
The Court noted that while the Palestinian and Jordanian reports suggested alcohol poisoning possibly exacerbated by antidepressant medication, the AIIMS Medical Board could not conclusively determine the cause of death due to decomposition and incomplete sample preservation. It held that inconclusive findings do not imply foul play and that the writ jurisdiction cannot be invoked for speculative or exploratory inquiries.
Justice Narula further declined the petitioner’s plea for payment of notional salary and extraordinary pension, clarifying that such benefits are governed strictly by service law and cannot be extended beyond statutory provisions. However, the Court directed the authorities to furnish all medical and status reports to the family within four weeks and left open the option to act if credible new evidence emerges in the future.
Appearances:
Respondents: Mr. Rakesh Kumar, SPC, along with Mr. Sunil, Advocate and SI Ashish, PS Janakpuri.
Ms. Rupali Bandhaopadhya, ASC for the State along with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates.
