PERUNCHITHIRANAR Vs. STATE

JUDGEMENT

(1.) While the nation is still mourning the death of the late Prime Minister Srimathi Indira Gandhi while the citizens of the country are still paying reverential homage to the departed soul with tearful eyes and bleeding hearts, while the National Flag is still flown half-mast and while the country is observing State mourning, this writ petition has come to be filed under Art.226 of the Constitution praying for the issue of a writ of Mandamus or any other appropriate writ, order or direction to the State of Tamil Nadu, the Union of India and the Chief Minister of Tamil Nadu, to 'forbear from keeping the Urns containing the ashes of the cremated body of late Srimathi Indira Gandhi for public dharshan or from taking the same to various places in India and from spending public revenue and using Government machinery for the said purposes.'

(2.) The petitioner, Thiru Perunchithiranar, has described himself in his affidavit as a rationalist and socialist working for the development of Tamil society all over the world and to be a publisher of a Tamil magazine, a Tamil weekly and a children's monthly magazine. The petitioner has averred in his affidavit that scientifically, the ashes of cremated human bodies are of no significance or importance and consequently, the ashes of the late lamented Prime Minister cannot stand on a better footing. It is only superstition and religious beliefs, particularly among Hindus, which tend to give importance to the ashes of cremated human bodies. Under the Constitution, the State is secular in nature and hence the Government is bound to adopt a neutral attitude towards all religions, it has neither power nor authority to participate in religious functions or spend funds from the public exchequer for the performance or observance of religious functions. Contrary to this position the Central and State Governments are engaged in taking the ashes of the late Prime Minister to different parts of India including Tamil Nadu and this would amount to the Government actively engaging itself in the propagation of Hindu religious beliefs among the public. The practice of placing urns containing ashes for public dharshan, not only amounts to indulgence in 'unscientific practices', but will also constitute an unwise precedent to be followed when leaders of other parties meet their end. It also paves way for the public to neglect their duties and waste their precious hours. Governmental obligations should stand confined only with ensuring decent burial or cremation of dead bodies and as such. Government has no power or authority to spend public funds for the carrying of the ashes of any departed leader from place to place by means of aeroplanes, trains etc. for dharshan by people. By reason of such practices, no benefit or advantage is conferred on the public; on the contrary, it would amount to political propaganda, and it is for the purposes of political gain the ruling party is indulging in this practice. As the act of the respondents is ultra vires the Constitution, this Court should make them forbear by means of a writ of mandamus from taking the urns to various places for public dharshan and from spending from the public revenue and using the Government machinery.

(3.) When the petition came up for admission, the petitioner appeared in person and argued his case. Besides reiterating the averments contained in the affidavit, the petitioner stated that as a citizen of India, he has a fundamental duty under Art. 51-A of the Constitution to abide by the Constitution and respect its ideals and institutions, and to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities.