Shraddha murder case: Father Vikas Walkar quotes Oscar Wilde in plea seeking release of deceased daughter's bones

Apr 15, 2023

New Delhi [India], April 15 : Shraddha Walkar's father, Vikas Walkar, moved an application seeking the release bones of his deceased daughter to perform the last rites. The application mentioned the religious aspects and legal rights connected with the last rites.
He also quoted the legendary author Oscar Wilde in his plea.
The plea borrowed a line by Oscar Wilde from 'The Canterville Ghost' -- "Death must be so beautiful. To lie in the soft brown earth, with the grasses wearing above one's head, and listen to silence. To have no yesterday and no tomorrow. To forget time, to forget life, to be at peace."
Saket court directed the Delhi police to file a reply on the plea on the next date of hearing on April 29.
The application moved by advocate Seema Kushwaha on behalf of Walkar submitted that the matter also involves the rights of the victim and her family members under Article 25, as, the last rites are performed as per religious traditions followed by the family.
It also says that traditions and cultural aspects are inherent to the last rites of a person's dead body. The right to a decent funeral can also be traced in Article 25 of the Constitution, which provides for freedom of conscience and free profession, practice, and propagation of religion subject to public order, morality and health and to the other fundamental rights under Part III of the Constitution.
Vikas Walkar urged the court to pass an order to provide the bones of the deceased victim for last rites/cremation.
He also prayed to issue a direction so that the "bones and other body parts" of the deceased victim can be exhibited as soon as possible.
The plea states that the applicant neither found the body nor any part of the body of his deceased daughter so that he can perform her last rites/cremation for the peace of the soul of his deceased daughter, as per the custom followed by the applicant's community. As per the custom that the victim's family subscribes to, the last rites/cremation must be performed within a year.
It also submitted that the deceased, Shradha, was murdered by accused Aftab Poonawala on May 18 2022, and, hence the last date to perform her last rites/cremation is May 8, according to the Hindu calendar followed by the family of the deceased.
It also stated that the traditional belief in our country is that unless the last rites are performed, the soul of the deceased shall not rest in peace.
"The deceased family is a follower of Sanatana/Hindu traditions and not providing any chance to perform the deceased last rites/cremation is a violation of basic human and fundamental rights enshrined under Article 21 and Article 25 of the Constitution of India," the plea stated.