Toddler trying to wake up dead mother- Patna HC
Toddler trying to wake up dead mother- Patna HC
Litigation News

Video of child trying to wake up dead mother: Deceased was mentally unstable & died a natural death, Bihar Govt tells Patna HC [Read Order]

Angelenne

Following the suo motu cognizance of the video of a child trying to wake up his dead mother, the Bihar Government today informed the Patna High Court that the deceased was mentally unstable and had died a natural death during the course of her journey from Surat. (Suo moto order - 2.15 hearing)

The statement was made by the Additional Advocate General SD Yadav before a Division Bench of Chief Justice Sanjay Karol and Justice S Kumar.

After registration of the issue as a petition, the Court had directed for the matter to be listed at 2.15 Pm today.

Claiming that the news report was partially incorrect, the AAG said that the fact that the deceased mother was mentally unstable and had died a natural death was reported by her companions i.e. her sister and brother-in-law.

It was added that the deceased had been deserted by her husband and was with her only child.

The brother-in-law brought the factum of her death to the notice of the Railway Authorities and after his statement was recorded, the dead body was allowed to be taken home, AAG stated.

Bihar Government further informed that neither was post-mortem conducted nor was an FIR registered.

Bihar Government added the child is in safe custody and under the guardianship of the sister of the deceased.

AAG, however, clarified that the averments were made on instructions and on the basis of the statement of the brother-in-law.

With regards the concerns of overlapping of issues with Supreme Court on the situation of migrants, the Court recorded that there was still no clarity.

It thus ordered,

..at this stage, awaiting instructions from the Standing Counsel in the Supreme Court (on overlapping of issues), we, prudently, refrain from issuing any further directions, more so when the child is in safe custody. However, let what is so stated by Shri Yadav, as also complete facts be made known to the Court, on the personal affidavit of the concerned Principal Secretaries before the next date.
Patna High Court

The matter would be heard next on June 3.

Read the order:

Suo moto order - 2.15 hearing.pdf
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