- (1.) This Court has been called upon to adjudicate the conflict whether the belief and practice of the followers of spiritual personality Sh.Ashutosh Ji Maharaj that he has been in state of 'Samadhi' despite having been declared clinically dead, would constitute an essential and integral part of religion for claiming the protection under Articles 25 and 26 of the Constitution of India. Dalip Kumar Jha, petitioner, has approached this Court for enforcement of his religious belief that being son of above said Godman, he has got right to dispose of the body as per the religious rituals.
(2.) I intend to dispose of CWP No. 7345 of 2014 and CRM M- 9195 of 2014, as common question of law and fact has been raised in both the petitions and these have been ordered to be heard together. CWP No. 7345 of 2014 has been filed by petitioner Dalip Kumar Jha seeking issuance of a writ in the nature of Mandamus directing the respondents to handover the body of his father Shri Ashutosh Ji Maharaj @ Mahesh Jha, which has been retained by the members of Divya Jyoti Jagriti Sansthan, respondent No.3 under the patronage of State authorities for performing the last rights. He has also sought a direction to respondent No.2 to initiate investigation in the circumstances regarding the death of his father.
(3.) CRM M-9195 of 2014 has been filed by Puran Singh claiming himself to be the Driver of Ashutosh Maharaj Ji for a direction that the unnatural death under suspicious circumstances of Mahesh Jha, @ Ashutosh Maharaj Ji should be inquired into and post mortem should be conducted and if something comes out suggesting commission of offence, matter should be investigated, in accordance with law.;