‘Inconclusive findings don’t raise presumption of foul play’: Delhi HC closes petition into death of India’s envoy to Palestine

While the precise cause of Arya’s death remains inconclusive till date, the court reiterated that “no further judicial directions are called for on the investigative front”. It also emphasised that “the role of a constitutional court is to ensure the integrity of process, not to substitute speculation for evidence”.

Taking into account two autopsy reports — one carried out in Ramallah, another in India — along with toxicology conducted in Jordan, as well as inter-governmental correspondence to gather complete records, Justice Sanjeev Narula, in an order on September 26, noted that though the final cause of death remains inconclusive, the inquiry into the death was, however, “layered and thorough”, and held that “inconclusive findings do not themselves raise a presumption of foul play”.

“Limits of forensic science due to decomposition and loss of key evidence are not uncommon. Courts cannot create evidence or order further inquiry where circumstances leave an evidentiary void. Unless there is credible material hinting at deliberate wrongdoing, directions for a further or special investigation, or a Commission of Inquiry, are not justified,” Justice Narula ruled.

The court, however, left it open for the authorities to act in accordance with law “should any cogent information pointing to external involvement come to light”.

Arya, who joined the Indian Foreign Service in 2008, was found dead at his residence at Ramallah in Palestine, on March 6, 2022. He had last spoken to his family members on March 3.

The first post-mortem was conducted on March 7, 2022, in the presence of senior officials of the State of Palestine and representatives of the Indian government.

While the initial declaration recorded “myocardial infarction” as the cause of death, the detailed medico-legal report, read with toxicological analysis carried out by the Directorate of Public Security, Hashemite Kingdom of Jordan, on March 18, 2022, had suggested the cause as alcohol poisoning.

No signs of violence or injuries were found on external examination and internal organ decomposition had set in. The toxicology report had revealed the presence of Sertraline (an antidepressant) in the stomach and high ethyl alcohol in chest cavity fluid.

Dissatisfied, his family had approached the Delhi HC seeking a second autopsy. This was conducted following court directions on March 11, 2022, by AIIMS, New Delhi.

While this autopsy had ruled out external injuries or trauma, it had sent viscera and tissue for examination, and the report had recorded that the final opinion on the cause of death would depend on the outcome of these analyses and on the evaluation of material from the first autopsy.

Arya’s family had moved court again with a fresh petition, raising suspicions of foul play and seeking the court’s direction for a special investigation or inquiry commission.

The court, meanwhile, also rejected the family’s request for “extraordinary pension” and payment of salary and emoluments for the remaining length of Arya’s service.

Justice Narula reasoned, “Salary is a quid pro quo for service actually rendered and flows from the subsisting relationship of employment as regulated by statute. Upon death, that relationship terminates; what then accrues are only terminal/family-based entitlements under the governing service law rules and jurisprudence. To direct notional salary till superannuation would be to continue service by judicial fiat, a course not envisioned under the service law.”

The Centre had also pointed out to the court that admissible benefits, such as gratuity, leave encashment, NPS, CGEGIS and ex-gratia, stand released to the mother and brother of the deceased.

With respect to pension, the court ruled, “Pension benefit is a creature of statute; courts cannot create entitlements outside the four corners of those rules, nor issue a mandamus contrary to them. If any further claim is maintainable within that framework, the family is at liberty to pursue it before the competent authority, which shall consider it on its own merits and render a reasoned decision expeditiously.”

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