- (1.) We have heard Sri K.N. Mishra, assisted by Sri Y.P. Singh and Sri Umesh Chandra Tripathi for the petitioner. Learned standing counsel appears for the State respondents.
(2.) On 7.2.2013, we passed the following order:- "We have heard Sri K.N. Mishra assisted by Sri Y.P.Singh and Sri Umesh Chandra Tripathi. Learned standing counsel appears for the State respondents. The petitioner has prayed for the following reliefs: (i) issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to ensure the JIVIT BHOO SAMADHI/UNDER GROUND ALIVE MEDITATION which is scheduled to be performed by the petitioner forthwith or within 24 hours. (ii) issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to take hast action on the application of the petitioner dated 01.02.2013 (contained as Annexure No.9) to this writ petition. (iii) issue a writ order or direction in the nature of mandamus commanding/directing the respondents not to prevent the petitioner for performing the JIVIT BHOO SAMADHI/UNDER GROUND ALIVE MEDITATION in Kumbh Mela 2013. (iv) issue any other suitable writ, order or direction as this Hon'ble Court my deem fit and proper in the circumstances of the case. Kumbh Mela 2013, is in progress at Allahabad. One of the main bathing day of 'Mauni Amavasya' is approaching on 10.02.2013. On that day lacs of pilgrims are expected to arrive. The district/mela administration has made extensive arrangement, for their convenience. The mela administration is under obligation, to manage the affairs at the grounds, which includes management of law and order. It is stated that bhoo samadhi is one of the manifestation of yoga and that the petitioner has under gone bhoo samadhi many times in the past. The petitioner had last taken bhoo samadhi in the year 2007. The petitioner is 65 years old, and as admitted by the learned counsel for the petitioner he has not consumed any food for the last one month, except water. Learned standing counsel prays for and is allowed three days time to seek instructions. Put up on 12.2.2013, in the additional cause list. In the meantime, we direct that the petitioner will appear before a team of Medical Officers, who have been assigned duties in the Kumbh Mela Hospital, for complete medical check up. The medical report will be submitted with the opinion of the doctors as to whether the petitioner's health can permit him to undertake bhoo samadhi, for 9 days. Let a copy of this order be supplied to the learned standing counsel today."
(3.) On 12.02.2013, 20.02.2013 and 21.02.2013, the following orders were passed:- Order on 12.02.2013 "Learned standing counsel informs the Court that a medical team, comprising of three doctors, was constituted on 9.2.2013, in pursuance to the order passed by the Court on 7.2.2013. Sri Shyama Nand Saraswati (Naga Baba) - the petitioner was informed to appear before the committee on 11.2.2013. He however did not appear before the committee on the date fixed for medical examination. Sri K.N. Mishra, appearing for the petitioner submits that on 11.2.2013, the petitioner could not visit the Mela Hospital on account restriction of movement inside the Kumbh Mela area. He however assures that whenever next date is fixed, the petitioner will appear for the medical examination. Let the petitioner appear before the medical team at Mela Hospital on 18.2.2013, between 10.00 - 12.00 AM. The report will be submitted to the Court on 20.02.2013. Put up on 20.02.2013, in the additional cause list." Order on 20.02.2013 "In compliance of the orders dated 7.2.2013 and 12.2.2013, learned standing counsel has placed before us medical examination report of Sri Shyama Nand Saraswati (Naga Baba) signed by Dr. Rajesh Srivastava, Physician; Dr. Deependra Singh, Surgeon; Dr. Major B.P. Singh, Joint Director, Incharge Medical Services, Kumbh Mela in a seal cover. We have gone through the report and the highly objectionable photograph of Sri Shyama Nand Saraswati, enclosed with the report. We take strong exceptions, both with regard to opinion expressed in the report and the objectionable posture of Sri Shyama Nand Saraswati - the person who was examined by the medical team. We direct Dr. Major B.P. Singh, Joint Director, Incharge Medical Services, Kumbh Mela, to appear before us personally at 2.00 P.M. to explain the contents of the report and the necessity of annexing the photograph with the posture of the person examined. The standing counsel will ensure compliance of the order. The report will be kept back in seal cover, to be produced tomorrow. Put up tomorrow at 2.00 P.M. Let a copy of this order be supplied to the learned standing counsel today." Order on 21.02.2013 "Reference our orders dated 7.2.2013, 12.2.2013 and 20.2.2013. Dr. (Major) B.P. Singh, Joint Director, Incharge Medical Service, Kumbh Mela is present in person. We have heard Sri K.N. Mishra, for the petitioner. Learned standing counsel appears for the respondents. We have again perused the report, and the photograph, which has been annexed with the report, to identify Sri Shyama Nand Saraswati (Naga Baba) We have explained to Dr. Singh, our anxiety, as to whether the subject person will face any risk to his health and life, if he is permitted to undergo Bhoo Samadhi, for the proposed nine days. Dr. (Major) B.P. Singh has assured us to submit a supplementary report, and also to substitute the photograph, which according to him was provided by the subject person himself, with an appropriate photograph, identifying him. Put up this matter again on 26.2.2013, in the additional cause. The medical examination report and the photograph will again be put back in seal cover. The presence of Dr. (Major) B.P. Singh is exempted in further proceedings. Let a copy of this order be supplied to the learned standing counsel.";