KOCHI: The Kerala High Court has declined to interfere in an investigation into the alleged burial of a self-styled guru Gopan Swami by his sons, who claim he had “attained samadhi” in Neyyattinkara. The court underscored the necessity of an inquiry to establish the circumstances surrounding his death.
"When a person goes missing, the police are obligated to investigate. They cannot determine whether it involves a disappearance, a natural death, or an unnatural death without proper inquiry. Therefore, an investigation is necessary, said Justice CS Dias.
The court said that the decision to exhume the body is part of the investigation. The court cannot stall it. "Suppose a cognizable offence is made out the police have the right to register an FIR and Investigate it," said the court.
Seeking clarity on the cause of death and about death certificate, the court asked "Produce the death certificate and I will accept your
contention. Why are you apprehensive? What is your problem? You tell me( the court) how did he die. Where is death registered? Immediately death has to be registered." Justice Dias questioned.
The counsel representing the petitioners replied that he attained samadhi four days ago. The practice of attaining Samadhi is not alien to Hindu Religious rites and customs and has been well documented in various religious texts. There is no law in existence in India that prohibits death by Samadhi and preserving the worldly body by the construction of a Samadhi Peedam.
However, the court remained unconvinced, the court said the death has to be registered immediately. "Suspicious circumstances are there. If he was in hospital and naturally died, I would have accepted. When a cognizable offence is made out, the police has the right to register FIR and investigate," said the court.
In the order, the court stated that the death of the late Gopan is not been registered to date. "I am not satisfied that the petitioners have made out a case for an interim relief," said the Single Judge.