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Observing that the courts cannot arbitrate on religious issues, the Punjab and Haryana High Court on Tuesday left it to the Divya Jyoti Jagriti Sansthan of Nurmahal in Jalandhar to decide on its own — by November 30 — the manner it wanted to dispose of the body of clinically dead Ashutosh Maharaj kept in the “deep freezer” since January last year.
The Division Bench comprising Justices SK Mittal and Mahavir Singh Chauhan said, “We have never heard in history about any saint sitting in samadhi for such a long time. But we have heard of followers of such saints giving them respectable burial.”
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It was on January 29 last year that the Sansthan doctors had declared Ashutosh Maharaj alias Mahesh Kumar Jha clinically dead, after which the Sansthan management had kept the body inside a deep freezer, stating that the spiritual head had gone into ‘samadhi’ (deep meditation) and would come out one fine day.
The court further added, “Sansthan people can come forward, what king of religious burial or cremation they want. Construct a big samadhi there as a respect and even the state will help.”
The court said Taj Mahal was also built in a similar way.
“We have to respect Ashutosh Maharaj, followers and also religion. Kitne Bare Bare rishi muni hue hain yahan past main. Koi samadhi main nahi baitha aaj. (There had been great saints in the past. Nobody is sitting in samadhi as on date),” the court replied while countering Sansthan’s counsel who had been arguing that the spiritual leader is in samadhi and would emerge one day to preach the followers.
The court was hearing four appeals challenging the high court’s single judge order of December 1 last year directing the Punjab government to cremate Ashutosh Maharaj’s body within 15 days.
Earlier, during the arguments, appearing for the Punjab government, Solicitor General of India Ranjit Kumar submitted, “It is not the case where the body is unclaimed.”
When the senior counsel started further arguing the case, the court said, “Courts should restrain from such issues. Can’t it be possible that some seers of Hinduism and their followers could be brought to decide the issue? It is a matter of faith.”
Though the counsels appearing for the Sansthan and the state government agreed to this proposal but later the court said that it would be much better if the Sansthan could take the decision on its own.
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