Mr. Rajat Sang, Advocate (VC) v. UNION OF INDIA AND ORS

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 546/2025 GURMEET SINGH .....Petitioner Through: Mr. Rajat Sang, Advocate (VC). versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Sushil Kumar Pandey, SPC alongwith Ms. Archana Kumari (GP), Advocates for UOI. Mr. Sameer Vashisht, SC for GNCTD. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 09.01.2026 CM APPL. 1318/2026 (for condonation of delay in filing review petition) 1. This is an application seeking condonation of delay in filing the Review Petition. 2. Considering the averments made in the application, the same is allowed. The delay in filing the Review Petition stands condoned. 3. Application stands disposed of. REVIEW PET. 7/2026 4. The present application seeking review of the order dated 16.10.2025 which reads as under: “1. The present petition has been filed by the petitioner seeking that the respondent no.1/Union of India be directed to conduct a comprehensive enquiry in view of the contrary record/certificate furnished by the respondent nos.2 and 3 relating to the death certificate for the same person i.e. Ms. Nihal Kaur. 2. As per the death certificate issued by the respondent no.2, Ms. Nihal Kaur died in the year 1972, whereas according to the death certificate issued by the respondent no.3, she died in the year 1996. As such, there is clear dichotomy. 3. Learned counsel for the petitioner submits that since the respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 13:25:42 no.1 is the repository of the entire data pertaining to registration of births and deaths, the said respondent ought to conduct an inquiry to resolve the issue. 4. In the circumstances, the Registrar General and Census Commissioner are directed to conduct-an inquiry in the matter- and make an endeavour to resolve the dichotomy. 5. Learned counsel for the respondent nos.2 and 3 submits that they shall cooperate with the Registrar General and Census Commissioner for the purpose of the aforesaid inquiry. 6. Let the said inquiry be conducted expeditiously and preferably concluded within a period of four months from today. 7. Let the outcome thereof be intimated to the petitioner. 8. The petition is disposed of, in the above terms.” 5. The application avers that the said order has been passed without taking into account the counter-affidavit filed on behalf of the respondent no.1. Specific attention has been drawn to Paragraph nos. 5, 6 and 7 of the counter-affidavit filed on behalf of the respondent no.1. The same are reproduced as under: “5. That the deponent states that as per section 3 and 4 of The Registration of Births and Deaths Act, 1969, (amendments up to date). The power of the Registrar General of India is limited and does not have jurisdiction to conduct the investigation. The relevant section reads as: "3. Registrar General of India, India.- (1) The Central Government .may, by notification in the Official Gazette, appoint a person to be known as the Registrar General of India. (2) The Central Government may also appoint such other officers· with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar General, such functions of the Registrar General of India under this Act as he may, from time to time, authorise them to discharge. (3) The Registrar General of India may issue general directions regarding registration of births and deaths in the territories to which this Act extends, and shall take steps to co-ordinate and unify the activities of Chief Registrars in the matter of registration of births and deaths and the database of registered births and deaths and submit to the Central Government an annual report on the working of the Act in the said territories. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 13:25:42 (4) The Registrar General of India shall maintain the database of registered births and deaths at the National level and it shall be obligatory upon the Chief Registrars and the Registrars to share the data of registered births and deaths to such database. {5) Subject to the proviso to sub-section {1) of section 17 and with the prior approval of the Central Government, the database of registered births and deaths maintained under sub-section {4) may, on request, be made available to the authorities dealing with the preparation or maintenance of database relating to- {a) population register; {b) electoral rolls; {c) Aadhaar number; {d) ration card; {e) passport; {f) driving licence; {g) property registration; and {h) such other databases at the National level as may be notified, and the authority shall inform the action taken, within such period as may be notified from time to time, to the Central Government: {i) Provided that the preparation or maintenance of database relating to electoral rolls in clause {b) shall be without prejudice to the provisions of the Representation of the People Act, 1950. " . 4. Chief Registrar:- (1) The State Government may, by notification in the Official Gazette, appoint a Chief Registrar for the State. (2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorize them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unify and supervise the work of registration in the State for securing an efficient system or registration and shall prepare and submit to the State Government in such manner and at such intervals as may be prescribed, a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 13:25:42 report on the working of this Act in the State alongwith the statistical report referred to in sub-section (2) of section 19. (5) The Chief Registrar shall take steps to register births or deaths and maintain a unified database of registered births and deaths at the State level by using the portal as approved by the Registrar General of India and it shall be obligatory upon the Registrars to share the data of registered births and deaths to such database. (6) Subject to the proviso to sub-section (1) of section 17 and with the prior approval of the State Government, the database of registered births and deaths maintained under sub-section (5) at the ·State level may, on request, be inade available to the authority dealing with other databases at the State level and the authority shall inform action taken, within such period as may be notified fromtime to time, to the State Government: Provided that the preparation or maintenance of database relating to electoral rolls shall be without prejudice to the provisions of the Representation of thePeople Act, 1950. "." 6. That the deponent states that without prejudice, the aforesaid contentions of the deponent, the deponent has taken some actions to know the truth, though the office of the Registrar General of India has no power to investigate in such a case. 7. That the investigation has to be done either by the police treating the discrepancies as a criminal offence in accordance with the Indian criminal jurisprudence or by a court of law to decide the civil rights of the parties affected by those death certificates.” 6. Learned counsel for the respondent no.1 emphasises that the Registrar General of India does not have the power to conduct an investigation. 7. The purport of the order dated 16.10.2025 is to make an attempt to resolve the inconsistency in the data (death certificates) issued by the respondent no(s). 2 and 3. 8. As noticed in the order dated 16.10.2025, in relation to the same person, contrary death certificates (depicting different dates of death) have been issued by the said State Authorities of Delhi and Punjab, respectively. 9. It is noticed from the counter-affidavit filed on behalf of the respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 13:25:42 no.1 itself that, in terms of the Section 3(4) of The Registration of Births and Deaths Act, 1969, it is incumbent on the Registrar General of India to “maintain the database of the registered births and deaths at the national level”. The same section further provides that “it shall be obligatory upon the Chief Registrars and the Registrars to share the data of the registered births and deaths to such database”. 10. In case there is a conflict/inconsistency in the data received by the Registrar General of India from the concerned authorities/Registrars of different states, Registrar General of India is not precluded from examining the matter and making an attempt to resolve such inconsistency, to maintain integrity and reliability of the database. This is the very nature of the exercise that is contemplated to be conducted in terms of the order dated 16.10.2025. For this purpose, the Registrar General of India shall necessarily be entitled to take requisite assistance of the Chief Registrars of the concerned State/s and may also call upon the Chief Registrars or the Registrars of the States to examine the matter in accordance with the provisions of the Act, with a view to rectifying the discrepancy. This exercise shall further not preclude the Registrar General of India from relegating any unresolved issue/discrepancy to appropriate civil/judicial proceedings for adjudication. 11. In the circumstances, no ground is made out to review the aforesaid order dated 16.10.2025. Accordingly, the present application stands dismissed. SACHIN DATTA, J JANUARY 9, 2026/at