Court rejected the plea to hand over the body
A bench of Supreme Court Justice Surya Kant and Justice JB Pardiwala rejected the plea of handing over the body of the son to the father, but at the same time asked the state government to comply with the order of the High Court in which the High Court directed Five lakh rupees should be given to the next of kin of the deceased and prayers should be allowed where the deceased is buried.
Once buried, the law is protected.
The Supreme Court said that once the dead body has been buried, it will be deemed to be in the custody of the law. Once the body is buried, it should not be touched. The body cannot be removed from that place unless it is shown that it is necessary for justice to do so. Court will not interfere in that. At the same time, the court also took note of the fact in which an affidavit was filed on behalf of the state government saying that when the dead body was buried, the entire custom was followed and the religious process was adopted.
Expressed sympathy to the father of the deceased
The state had told that the body was bathed before burial and all the customs were followed. There is nothing wrong with the process of burial. We as the court sympathize with the sentiments of the father of the deceased. But the order of the court cannot follow the sentiments but according to the law. The Supreme Court said that the order of the High Court is correct and dismissed the father’s application against that decision.