The Kerala High Court has refused to stop the exhumation of Gopan Swamy’s body amid disputes over his burial as ‘Samadhi.’ His family claims this respects his spiritual practices, while authorities seek clarity on his death due to missing documentation. The court emphasized the necessity for investigation, denying the family’s plea for interim relief and notice prior to exhumation.
Kerala: The Kerala High Court on Wednesday (Jan 15th) declined to stay the exhumation of the body of Gopan Swamy, a retired headload worker and spiritual practitioner whose burial as a form of ‘Samadhi’ has sparked significant controversy.
Samadhi, in spiritual terms, refers to consciously leaving one’s body in a deeply meditative state at the time of death. Gopan Swamy’s family claimed he had attained this state, and his body was buried accordingly.
While the family maintains that Swamy’s burial at a designated Samadhi site was in accordance with his spiritual practices, residents of the area expressed doubts, leading to the district administration’s decision to exhume the body. Authorities aim to examine the nature of Swamy’s death, citing an unregistered death as a point of concern.
This decision was fiercely opposed by Swamy’s family, who argued that the exhumation would be sacrilegious and an affront to Hindu beliefs. Represented by his wife and two sons, the family filed a writ petition seeking to halt the exhumation.
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When the case came before Justice CS Dias, the Court raised concerns about the lack of documentation regarding Swamy’s death.
“Produce the death certificate and I will accept your contention. Why are you apprehensive? What is your problem? How did he die? Where is death registered?”
Justice Dias questioned the family’s counsel.
The judge upheld the police’s authority to investigate under Section 57 of the Kerala Police Act, which pertains to cases of missing persons.
“Part of the investigation cannot be stalled. Suppose a cognizable offence is made out, they have the right to register an FIR and investigate. Police do not know whether the person is missing, it’s a crime, or a natural death,”
Justice Dias stated.
The Court denied the family’s plea for interim relief to stop the exhumation, citing the need for clarity and investigation into the circumstances of Swamy’s death.
“I am not satisfied that the petitioners have made out a case for interim relief,”
the judge remarked, adding that the investigation could not be hindered at this stage.
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A request to provide notice to the family before conducting the exhumation was also turned down.
“Not at all necessary. There is suspicion in this person’s alleged burial. A cognizable case is made out; the police have the right to register an FIR and investigate,”
Justice Dias said.
Swamy’s family has challenged the exhumation order issued by the Revenue Divisional Officer (RDO) under Section 196(4) of the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), which permits an inquiry by a magistrate into the cause of death.
The family argued that their religious rights would be violated if the exhumation proceeded, particularly since Swamy’s burial took place on January 9, 2025, on the auspicious day of Sarvaatheertha Ekadashi. They also alleged procedural violations, claiming that the RDO had failed to meet the requirements of Section 196(5) of the BNSS, which mandates that affected parties must be heard before issuing an inquiry order.
Additionally, the family argued that the conditions under Section 194(1) of the BNSS, which require reasonable suspicion of homicide for an investigation into deaths, were not met.
The High Court has sought a response from Vishambharan, the individual who filed the missing persons complaint that triggered the investigation. The matter will come up for further hearing next week.
Advocates Nirmal V Nair and M Aneesh are representing Swamy’s family in the ongoing legal proceedings.
Case Title – Sulochana T & ors v District Collector and ors
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