AIIMS RISHIKESH Vs. DR. VIJAY VERMA & ORS.

JUDGEMENT

(1.) One Professor G.D. Agarwal @ Swami Sanand, an Environmental Engineer by profession and who had a large number of spiritual followers died while on hunger strike for the cause of free flow of river Holy Ganga on 11th October, 2018. He was on indefinite fast from 22nd June, 2018. Prior to his death, late Professor G.D. Agarwal @ Swami Sanand executed a document (will) donating his body after his death to the Department of Anatomy, All India Institute of Medical Sciences, Rishikesh (AIIMS, Rishikesh) for teaching and research purposes. He had also donated his eyes through one Rajendra Eye Bank.

(2.) AIIMS, Rishikesh has preserved the dead body by embalming fluids and is presently being kept in the formalin tank round the clock.

(3.) The followers of late Professor G.D. Agarwal @ Swami Sanand including the respondent - writ petitioner moved the High Court of Uttarakhand seeking a direction to the respondent No.3 in the writ petition (petitioner herein) to handover the dead body of late Professor G.D. Agarwal @ Swami Sanand to his followers for being kept at Matri Sadan, Haridwar for 'Antim Darshan' for three days. The High Court by the impugned order allowed the writ petition and further directed that the dead body of late Professor G.D. Agarwal @ Swami Sanand be returned by the writ petitioner(s) to AIIMS, Rishikesh after three days (i.e. 72 hours).