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2017 Supreme(P&H) 2557

IN THE HIGH COURT OF PUNJAB AND HARYANA
MAHESH GROVER, SHEKHER DHAWAN, JJ.
Dalip Kumar Jha – Appellant
Vs.
State of Punjab – Respondent
L.P.A. No. 2043 of 2014 (O&M)
Decided On : 05-07-2017

Advocates Appeared:
S.P. Soi and Sonal Soi, Advocates, for the Appellants in LPA No.2043 of 2014; Prateek Dwivedi, Advocate, for the Appellant in LPA No.2044 of 2014 Prateek Dwivedi, Advocate, for the Respondent No.3 in LPA No.2043 of 2014.; Sunil Chadha, Senior Advocate with M.S. Atwal, Advocates, for the Appellant in LPA No.224 of 2015.; Atul Nanda, Advocate General, Punjab with Ms. Rita Kohli, Additional A.G. Punjab and Hanspal Virk, A.A.G. Punjab, for the Appellants in LPA No.2052 of 2014.; Bhuwan Vats, Advocate, for the Respondent

Headnote:

Ashutosh Maharaj Ji - Death - Samadhi - Disposal of Body - Belief of Followers - Protection under Articles 25 and 26 of the Constitution of India - Maintainability of Writ Petition - Locus Standi - Mode of Disposal of Body - Legal Analysis of Claim of Parties - Preservation of Body - Constitutional Right under Articles 25 and 26 of the Constitution of India - Locus Standi and Right of Puran Singh in CRM M-9195 of 2014 seeking post mortem on the body of Maharaj Ji and investigation.

Fact of the Case:

Ashutosh Maharaj Ji, Head of the Divya Jyoti Sansthan, was declared clinically dead on 28/29th January, 2014. His followers believe that he has taken Samadhi and is expected to return after fulfillment of his spiritual mission. Dalip Kumar Jha, claiming to be the son of Ashutosh Maharaj Ji, filed a writ petition seeking to dispose of the body as per religious rituals. The Sansthan and the State opposed the petition, claiming that Ashutosh Maharaj Ji is not dead and that his body cannot be disposed of against their wishes.

Finding of the Court:

The Court held that the writ petition filed by Dalip Kumar Jha was not maintainable as he failed to establish his relationship with Ashutosh Maharaj Ji. The Court also held that the belief of the Sansthan and the followers of Ashutosh Maharaj Ji that he has taken Samadhi is protected under Articles 25 and 26 of the Constitution of India. The Court further held that in the absence of any law or obligation flowing therefrom, it cannot give any directions to dispose of the body. The Court directed the State to constitute a medical team to examine the body and ensure its preservation in good state.

Issues: 1. Locus standi of the petitioner in context to the material made available on the record and the relevant law on the subject. 2. Maintainability of the writ petition and determination of religious rights of the contesting parties under Articles 25 and 26 of the Constitution of India. 3. Present biological status of Ashutosh Maharaj Ji as per the material available on record. 4. Mode of disposal of the body of Maharaj ji in case he is medico legally declared to be clinically dead or under suspended animation i.e. in 'Samadhi'. 5. Legal analysis of the claim of the parties, preservation of the body in context to the constitutional right under Articles 25 and 26 of the Constitution of India. 6. Locus standi and right of Puran Singh in CRM M-9195 of 2014 seeking post mortem on the body of Maharaj Ji and investigation. 7. Conclusion and relief.

Ratio Decidendi: 1. The belief of the Sansthan and the followers of Ashutosh Maharaj Ji that he has taken Samadhi is protected under Articles 25 and 26 of the Constitution of India. 2. In the absence of any law or obligation flowing therefrom, the Court cannot give any directions to dispose of the body.

Final Decision: The Court dismissed the writ petition filed by Dalip Kumar Jha. The Court also directed the State to constitute a medical team to examine the body and ensure its preservation in good state.

JUDGMENT :

Mahesh Grover, J.

By this common order we propose to dispose of L.P.A. Nos.2043, 2044, 2052 of 2014 and 224 of 2015 as they hover around the same controversy raised by the appellants. All of them arise from a common judgment dated 1.12.2014 of the learned Single Judge passed in C.W.P. No.7345 of 2014 which is the order impugned herein. L.P.A. No.2043 of 2014 has been preferred by Dalip Kumar Jha who was also the writ petitioner in C.W.P. No.7345 of 2014. The Divya Jyoti Sansthan (hereinafter referred to as the Sansthan) has filed L.P.A. No. 2044 of 2014, while the State, equally aggrieved of the judgment of the learned Single Judge, has filed L.P.A. No.2052 of 2014, while Sadhvi Tapeshwari Bharti a follower has filed L.P.A. No.224 of 2015.

2. We need not set out the facts of the petition and the counter replies submitted by the contestants to the controversy in detail, as they have been elaborately set out in the impugned judgment, but for the purpose of forming a complete narrative of the present order, we would briefly touch upon the factual aspects so that it offers an understanding of the controversy that we have embarked upon to answer.

3. A religious preacher by the name of Ashutosh Ji Maharaj, Head of the Divya Jyoti Sansthan (hereinafter referred as the Sansthan) is at the centre of the dispute, after he proclaimed himself to be in a 'state' of Samadhi, with a declaration to return to the world of mortals (though he has not reverted to state of consciousness thereafter) with his followers, in unimpeachable belief of this fact and preserving the body though declared to be clinically dead by a medical board.

4. Dalip Kumar Jha claims that Ashutosh Ji Maharaj was his father who expired on the intervening night of 28/29th January, 2014 and he would as his biological son, be entitled to perform his last rites and thus prays his body be handed over to him for the purpose.

5. Against this i.e. the Sansthan claims that Ashutosh Ji Maharaj is not dead and has rather taken Samadhi and is expected to return after fulfillment of his spiritual mission. The Sansthan thus resists the petition of Dalip Kumar Jha as also all attempts to dispose off the body by those who presume him to be dead.

6. The State in turn, supports the Sansthan to the extent that they (Sansthan) cannot be forced to dispose off the body of Ashutosh Ji Maharaj and similarly, it (State) cannot be directed to do so against the wishes of the Sansthan in violation of their belief, of the Maharaj being in Samadhi.

7. Prior to the filing of C.W.P. No. 7345 of 2014 by Dalip Kumar Jha and Criminal Misc. No.M-9195 of 2014 by Puran Singh (Driver of Ashutosh Ji Maharaj), a number of petitions were filed similarly where interference was declined by this Court holding that no public interest is involved. Some of those writ petitions and Criminal Misc. petitions may be noticed here below :-

Sr.No.

Case No.

Petitioner

Prayer

Date of Order

1.

Cr.W.P.-169/2014

Puran Singh

Habeas Corpus

11.2.2014 Dismissed.

2.

CWP 3393 of 2014 (PIL)

Mohinder Pal Singh

Praying for issuance of a writ in the nature of Mandamus directing the Respondent No.1(State of Punjab) to immediately take over the entire property (Movable & immovable) and assets belonging to dera namely Divya Jyoti Jagrati Sansthan.

24.2.2014 Dismissed as withdrawn. The Bench made it clear that on this subject matter no Public Interest Litigation would be entertained as no public funds are involved.

3.

Cr.M-M-6808 of 2014

Puran Singh

Seeking direction for conducting autopsy

24.4.2014 Dismissed as withdrawn with liberty to seek alternative remedy.

4.

CWP 5792 of 2014 (O&M)

Gurmail Singh

The petitioner was desirous of knowing how Shri Ashutosh Ji Maharaj has gone into Samadhi. The petitioner is of the view that




















































































































































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