January 03, 2025 (18) ARDR CPAN 48 of 2023 In WPA 48 of 2022 Sunil Kumar Kurmi & anr. Vs. Shri Arish Bilal Adv. Aniruddha Bhattacharya, Adv. Arnab Roy, …for the applicant/petitioner. Sr. Adv. Amitesh Banerjee, Adv. Suman Ghosh, …for the alleged contemnor. Perused the report of the Deputy Commissioner of Police, East Division. The said officer was discharging his duties as Deputy Commissioner of Police (Special), Detective Department till March 16, 2023. The matter relates to failure to issue a death certificate, upon the death of Sri Mohan Kurmi. The writ petition was disposed of with a direction upon the Deputy Commissioner of Police (Special), Detective Department, Kolkata to ensure that the Kolkata Municipal Corporation issues the necessary death certificate to the writ petitioners/applicants (wife and son of the deceased) upon compliance of requisite formalities. The petitioners were unaware of the details of the death. According to them, they presumed that the deceased was missing. Later, they were informed that the police had recovered the body, conducted post mortem and cremated the same as an unclaimed body. Accordingly, the 2 Court passed necessary direction as it was incumbent upon the authorities to issue a death certificate, certifying the death of Late Mohan Kurmi. The report indicates that the necessary documents relating to the post mortem and the cremation went missing from the police morgue and the police station. The same could not be traced. Thus, it is submitted that the Kolkata Municipal Corporation could not be persuaded to issue the death certificate in the absence of the documents. However, the Deputy Commissioner of Police, East Division issued the final non- traceability police enquiry report in favour of Mr. Mohan Kurmi. The final report is annexed to the said report. It is the specific case of the police authorities that 24 years old records were not available. The police authorities have confirmed that Mohan Kurmi was cremated by the police upon conducting an autopsy. Thus, the factum of death is established. The report be treated as a part of this order. Under such circumstances and in the facts narrated hereinabove, this Court directs that for all practical purposes and in all official matters, the final non- traceability police enquiry report will be treated as the death certificate of Mohan Kurmi. This order is being passed considering the fair submissions of the police authorities. Contempt proceeding is dropped. Application being CPAN 48 of 2023 is disposed of. 3 Parties to act on the basis of the server copy of this order. (Shampa Sarkar, J.)