The Madras High Court allowed an undertrial prisoner to attend his father’s funeral. Justice GR Swaminathan stated that although the petitioner is not entitled to bail, including interim bail, the Court may grant relief by exercising its inherent jurisdiction as per Section 482 of the CrPC.
Chennai: The Madras High Court, in a rare hearing on Sunday, gave an important judgement on religious obligations and human rights within the judicial system and granted permission to an undertrial prisoner to attend his father’s last rites. The judgement, delivered by Justice GR Swaminathan of the Madurai bench, gave importance to the personal and religious needs of individuals, even those under custody.
Background
In June of last year, Gurumoorthi was reportedly discovered to be in possession of 24 kilogrammes of Ganja, which led to his arrest and remand to judicial custody. The undertrial prisoner had two prior cases against him, according to the prosecution, which opposed his request for bail on the grounds that it was likely he would commit another crime while he was free on bond.
S. Gurumoorthi, an undertrial inmate at Madurai Central Prison, sought the court’s permission to perform the last rites of his deceased father—an important religious obligation in Hindu culture. Recognizing the profound importance of such rituals, Justice Swaminathan emphasized that the court must “necessarily give due regard” to religious procedures, thereby affirming the judiciary’s role in upholding not just the law but also the moral and cultural values that define our society.
The court directed the prison authorities and local police to facilitate Gurumoorthi’s temporary release. He was to be escorted out of prison on Sunday, and he returned the following Monday morning after completing the rituals. Furthermore, the court mandated a similar arrangement for the 16th day following the death, enabling Gurumoorthi to fulfill all required religious rites associated with his father’s passing.
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While exercising the inherent power given under Section 482 of the Criminal Procedure Code (CrPC), Justice GR Swaminathan delivered the judgement, upholding the integral part of humanity and respecting all religious beliefs.
“I must consider the petitioner’s fundamental rights even if I deny the petitioner’s request for interim bail. His dad was no longer with us. The respondent does not dispute this fact. The petitioner will have to take part in his father’s last rituals as a son,
-Justice GR Swaminathan stated.
“Even a dead person must be deemed to possess certain rights. Of course this expression ‘rights’ will have to be understood contextually. A dead person is entitled to a dignified cremation/burial. This would of course mean that close relatives can participate in the ceremony. This issue can be approached from another perspective. The right to protect one’s relative is a guaranteed fundamental right under Article 25 of the Constitution. The petitioner is a Hindu. As a son, he has to discharge certain religious obligations. He has to offer what is known as ‘Pinda’. If one is the eldest son, it is he who alone can light the pyre. These are matters of religion and the Court has to have due regard for the same necessarily. While I cannot grant bail, I can certainly issue direction by invoking the inherent power under Section 482 of the Code of Criminal Procedure,”
~the Court said.
The Madras High Court’s decision to allow an undertrial to attend his father’s last rites on a Sunday is a remarkable decision delivered by Justice GR Swaminathan, judiciary’s role in upholding not just the law but also the moral and cultural values that define our society.
CASE TITLE: S. Gurumoorthi vs.State Rep. by the Sub Inspector of Police| CRL OP(MD). No.2228 of 2024
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