''Godman'' dead, dispose of body in 15 days: HC

Saurabh Malik

Tribune News Service

Chandigarh, December 1

Ending the impasse over keeping Ashutosh Maharaj’s body in a freezer by his followers since January, the Punjab and Haryana High Court today said the “godman” like any other living person was dead and ordered that his last rites should be performed within 15 days.

The high court also called for “formulating a statute, laying down guidelines for disposal of the bodies after declaration of death, taking into consideration the various aspects of the religious rites, rituals, customs, besides constituting a forum for adjudication of such disputes”.

The high court also rejected his followers’ claim of having a religious right to retain the body for an “uncertain period” as he was in samadhi. The plea for autopsy too was dismissed, as it was “not a case of unnatural death”.

“The interest of justice demands that the body of Maharaj Ji should be disposed of by cremation or burial with respect, decency, dignity and following all the rituals within 15 days after the receipt of the judgment… Any person claiming to be relation, friend or follower would be permitted to participate in the last rites subject to public order, morality and law and order,” Justice MMS Bedi ruled.

During the interregnum period, the body would not be displayed, but kept with decency and respect. “Exhibition of a dead man for any purpose, except for the last darshan, would be an insult to the dignity of the dead person…. The body of Maharaj Ji deserves to be treated with dignity and respect and dealt with decency not only by members of his family and his followers but by the State recognizing his contribution to the Society...,” Justice Bedi asserted.

Referring extensively to world history, scriptures, religious books, medical journals and judgments, Justice Bedi added that the court had no option but to issue a declaration that “the body of Maharaj Ji has no life and deserves to be declared dead with effect from January 29”, when he was confirmed to be clinically dead.

Justice Bedi directed that the body would be cremated by a committee, comprising Jalandhar District Magistrate, Senior Superintendent of Police, Municipal Corporation Commissioner, Chief Medical Officer and the Sub Divisional Magistrate concerned.

Justice Bedi directed the committee to make necessary arrangements for "a decent cremation with dignity by following all the rituals by deputing a religious priest.” The mode of “disposal” of mortal remains after cremation by burial or immersion would also be determined by the committee.

Directions were also issued to implement the court orders under “close and strict supervision” of the Chief Secretary, Principal Secretary (Home), Secretary Health; Secretary Local Bodies and the Director-General of Police.

The committee and the supervisory authorities were further directed to prevent the “breach of peace and violation of law and order, without curtailing the right of the followers, alleged relations and members of public to participate in the last rites”.

Justice Bedi ruled that Ashutosh Maharaj’s “son” Dalip Kumar Jha and “driver” Puran Singh were not having locus standi or the right to be heard in the court for claiming the “right for possession of the property in the body”.

Justice Bedi ruled that “Maharaj Ji, though a godman of Divya Jyoti Jagriti Sansthan, has like any other living person who ceased to be alive and has been declared dead. Exhibition of his body in a transparent refrigerator appears to be not in consonance with any tradition or ritual of Hindu religion. Exhibition of a dead man for any purpose except for the last darshan would be an insult to the dignity of the dead person….”

Justice Bedi added that the faith and belief of the devotees that Maharaj was is in deep mediation could not be regarded as integral part of religion; and the belief could not be protected under the right of freedom of religion.