1. This Court has been called upon to adjudicate the conflict whether the belief and practice of the followers of spiritual personality Sh. Ashutosh Ji Maharaj that he has been in state of 'Samadhi' despite having been declared clinically dead, would constitute an essential and integral part of religion for claiming the protection under Articles 25 and 26 of the Constitution of India. Dalip Kumar Jha, petitioner, has approached this Court for enforcement of his religious belief that being son of above said Godman, he has got right to dispose of the body as per the religious rituals. I intend to dispose of C.W.P. No. 7345 of 2014 and CRM M-9195 of 2014, as common question of law and fact has been raised in both the petitions and these have been ordered to be heard together.

2. C.W.P. No. 7345 of 2014 has been filed by petitioner Dalip Kumar Jha seeking issuance of a writ in the nature of Mandamus directing the respondents to handover the body of his father Shri Ashutosh Ji Maharaj @ Mahesh Jha, which has been retained by the members of Divya Jyoti Jagriti Sansthan, respondent No. 3 under the patronage of State authorities for performing the last rights. He has also sought a direction to respondent No. 2 to initiate investigation in the circumstances regarding the death of his father.

3. CRM M-9195 of 2014 has been filed by Puran Singh claiming himself to be the Driver of Ashutosh Maharaj Ji for a direction that the unnatural death under suspicious circumstances of Mahesh Jha, @ Ashutosh Maharaj Ji should be inquired into and post mortem should be conducted and if something comes out suggesting commission of offence, matter should be investigated, in accordance with law.

4. Briefly stated the facts pleaded by the petitioners in their petitions relevant for adjudication of the controversy are that petitioner Dalip Kumar Jha in C.W.P. No. 7345 of 2014 claims himself to be son of Late Sh. Ashutosh Ji Maharaj who was a world renowned religious preacher and died on the intervening night of 28th/29th January 2014 at his Ashram in Nurmahal, Jalandhar, Punjab, under doubtful and mysterious circumstances. Maharaj Ji was born as Shri Mahesh Jha in the year 1946 at Village Lakhnaur, Police Station Lakhnaur, District Madhubani, Bihar out of the loins of Shri Devanand Jha and Smt. Padmavati. After completing his studies Sh. Mahesh Jha became a religious preacher assuming the name of Vedpravaktanand. Subsequently Sh. Vedpravaktanand founded the Divya Jyoti Jagriti Sansthan, for short 'the DJJS', in the year 1983 and made Punjab the centre of his activities. Despite repeated threats, during the period of militancy he continued his spiritual mission and later assumed the name of Ashutosh Ji Maharaj and made Nurmahal, Jalandhar as his base. Being inspired by his spiritual work, several renowned people joined his mission. People contributed generously for his mission. He, as per assertion in the writ petition, at the time of his death, left moveable assets worth hundreds of crores and immoveable assets worth thousands of crores of rupees in the Public Charitable Trust ""Divya Jyoti Jagriti Sansthan"". Several of the trustees wanted to misappropriate the assets but that was prevented by Maharaj Ji, who was a preacher but has not renounced the world by taking to Sanyas. He was in constant touch with his family since the year 1999. The petitioner was on visiting terms to Nurmahal Ashram. Maharaj Ji was a great Yoga practitioner without any ailment. Though he was hale and hearty but he suddenly reported to have sat on 'Samadhi' (Deep Meditation). Petitioner pleaded that 'Savikalp' or reversible 'Samadhi' generally lasts for a few hours only. As per authentic texts on Yoga and opinion of great sages and yoga practitioners, the body is not subject to any kind of deformation or decay during Samadhi. Media reports dated February 3, 2014 and February 7, 2014 have been appended pertaining to the controversy in the difference of opinion betw