STOCK MARKET BSE NSE

Punjab HC Defers Hearing on Ashutosh Case for December 15

A Bench comprising Justices Surya Kant and Raj Mohan Singh postponed the decision after it was brought to its notice that the Punjab government has filed a plea saying that the implementation of the court\'s earlier order to perform the last rites could lead a law and order problem.

Published: 11th December 2014 06:25 PM  |   Last Updated: 11th December 2014 06:26 PM   |  A+A-

By PTI

CHANDIGARH: Punjab and Haryana High Court today deferred to December 15 the hearing on appeals filed before it in connection with performing of last rites of Ashutosh Maharaj, the head of Nurmahal-based Divya Jyoti Jagriti Sansthan (DJJS).

A Bench comprising Justices Surya Kant and Raj Mohan Singh postponed the decision after it was brought to its notice that the Punjab government has filed a plea saying that the implementation of the court's earlier order to perform the last rites could lead a law and order problem.

However, the Punjab government's plea could not be listed and therefore for a consolidated hearing on the issue the Bench directed to place all the appeals together for hearing on next Monday, defence said.

The state government contended that the role of the government comes into play only if a body is unidentified or unclaimed and as such, the order passed by the single judge requires to be reconsidered.

Ashutosh's body has been kept in a freezer since January after he was declared clinically dead by doctors.

Meanwhile, appeal filed by DJJS, which challenged the High Court's December 1 order, said that the courts were not "competent" to distinguish between a 'naturally dead body' and a body in 'samadhi' (deep meditation).

The DJJS also said in its petition that it has not pleaded before the court whether Ashutosh was dead or not and the court "had gone beyond the scope of the pleadings".

The 'dera' pointed out that the High Court had "erred" in concluding that Ashutosh had "no life" and deserved to be declared dead, saying that none of the parties had sought such a declaration.

On the other hand, Bihar native Dalip Kumar Jha, who claims to be Ashutosh's son, has sought handing over the body.

Jha said that the December 1 order of the court, in which it said that Jha failed to produce "sufficient evidence" to prove that he was Ashutosh's son, was "erroneous".

Both the parties have also contended that the court did not give them "sufficient" time to file an appeal against the December 1 order.

On December 1, the High Court had constituted a committee led by District Magistrate of Jalandhar and directed it to cremate Ashutosh within 15 days.

It had also directed the government to oversee the compliance of the order.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

IPL_2020
flipboard facebook twitter whatsapp