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2015 Supreme(Raj) 516

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA
Nikhil Soni – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr.Madhav Mitra with Mr.Nishant Sharma, Mr.Veerendra Singh, Mr.Abhishek Naithany for the petitioner.
Mr.P.C.Bhandari with Mr.Rakesh Chandel, Mr.Abhinav Bhandari, Mr.Dinesh Pareek, Mr.S.K.Gupta,Addl.Advocate General, Mr.J.K.Singh, Sr.Counsel assisted by Mr.Anuroop Singhi, Mr.Saurabh Jain, Mr.Ajeet Bhandari, Mr.Sunil Nath, Mr.Uday Sharma, Mr.Vimal Choudhary for the respondents.

ORDER :

Sunil Ambwani, J.

1. In this writ petition filed under Article 226 of the Constitution of India in public interest, the petitioner, a practising lawyer at Jaipur Bench of the Rajasthan High Court, has prayed for directions to the Union of India through Secretary, Department of Home, New Delhi-respondent no.1 and the State of Rajasthan through Secretary, Department of Home, Secretariat, Rajasthan, Jaipur-respondent no.2, to treat “SANTHARA” or “SALLEKHANA” as illegal and punishable under the law of the land and that the instances given in the pleadings, be investigated and subjected to suitable prosecution of which, the abetment be also treated as criminal act.

2. The “Santhara”, which means a fast unto death, is a practice prevalent in Shvetambara group of Jain community. According to the petitioner, it is a religious fast unto death on the pretext that when all purpose of life have been served, or when the body is unable to serve any purpose of life, the Santhara will obtain “Moksha” (salvation). A person, after taking vow of Santhara stops eating and even drinking water and waits for death to arrive. It is submitted that the Santhara is religious thought, which has no place











































































































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