Despite split verdict, SC orders pastor’s expeditious burial

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“There is no consensus between the members of this Bench on the place of resting for the appellant’s father, who died on January 7,” a Bench of Justice BV Nagarathna and Justice SC Sharma said.

However, noting that the mortal remains of the pastor had been lying in the mortuary for the last three weeks, the Bench agreed to issue directions under Article 142 of the Constitution to “accord an expeditious and dignified burial”.

While Justice Nagarathna said the burial should be held in the family’s private agricultural land in his own village, Justice Sharma said the last rites should be performed at the designated spot away from the village.

The Bench directed appellant Ramesh Baghel to perform his father’s last rites at a burial ground in Karkapal village, situated 20-25 km away from his native Chhindwada village, where a separate burial ground for Christians was available.

It ordered the state administration to provide adequate police protection to ensure that the burial took place at the earliest. The order came on Baghel’s petition challenging the Chhattisgarh High Court’s order, disposing of his plea for his father's burial in his village graveyard.

Describing death as a great leveler, Justice Nagarathna said it was necessary for everyone to remember time and again about this solemn truth. “But the instant case demonstrates that the death of a resident of a village can give rise to divisiveness, thereby calling upon the apex court to rule on his site of burial,” she said.

Had the village panchayat quelled the “aggressive objections” and “threats to the appellant’s family”, the matter would have been resolved at the village itself, Justice Nagarathna, said, terming it a violation of Article 14 and Article 15(1) of the Constitution.

She said the declaration that any person who has forsworn the tradition of the community or has converted into Christianity was not allowed to be buried at the village graveyard was “unfortunate”.

Questioning the authority of additional superintendent of police (Bastar) of making such a declaration, Justice Nagarathna said such an attitude on the part of the local authorities indicated a betrayal of the sublime principles of secularism and the glorious traditions of the country.

Justice Sharma, however, said a perusal of the Chhattisgarh gram panchayat rules would reveal graves couldn’t be arbitrarily constructed, and must be established in the designated areas identified by it.