RAMANUJAM S R Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Two petitions addressed to the Chief Justice of the Court were clubbed and treated as a petition under Article 226 of the Constitution of India being Writ Petition No.25835 of 1996. The first petition in Writ Petition No.25835 of 1996 is by the residents of the locality of Indira Park in the lower Tank Bund area in Hyderabad and the second is by the Advocates of City Civil Court. In both the petitions, objections are raised against the proposed cremation of the body of Dr.M. Channa Reddy, former Chief Minister of the State and the Governor of Tamil Nadu, who expired on 2-12-1996. On 3-12-1996, when the matter was taken up by a Bench of this Court and it was noticed that cremation was fixed for 4-12-1996, the Court issued notice to the learned Advocate-General, who filed a memo answering the various queries made by the Court. Ordering, however, the petition after the memo filed by the learned Advocate-General, the Court postponed final disposal awaiting response to its directions which were/are as follows:

(2.) It is not in dispute that on 2-12-1996 in the early hours, the Governor of Tamil Nadu and former Chief Minister of Andhra Pradesh Dr. M. Chenna Reddy passed away. Most of the leading newspapers on 3-12-1996 stated that cremation of the departed leader would be in lower Tank Bund, opposite to Ramakrishna Mutt. However, it came to light that cremation was to take place on 4-12-1996 in Indira Park. Since decision to cremate on 4-12-1996 the body of late Chenna Reddy could be known only on 3-12-1996. the two petitions in Writ Petition No.25835 of 1996 were taken-up on the same day. Notwithstanding, however, clear observations by the Court in its order dated 3-12-1996 to decide strictly in accordance with law and in the light of the observations of the Court in its order, body of Dr.Chenna Reddy was put to flames in the Indira Park. Mrs.Amrita Ahluwalia and the interveners have also brought to the notice of the Court that before cremation of Dr.Chenna Reddy in the Indira Park, the Lumbini Park of the city on Hussain Sagar has also suffered a similar degradation of cremation and performance of funeral rites of the departed leader late Sri N.T.Rama Rao and a park, which was earmarked for Buddha Poornima project and green-belt in prime locality of the heart of the city, has been converted into a memorial for late Sri N.T.Rama Rao. After funeral rites of late Dr.M.Chenna Reddy, the Indira Park is also sought to be converted into a memorial for late Dr.M.Chenna Reddy.

(3.) Regrets and lamentations, which are expressed for degradation of the parks of the city, which are stated in some details in the petitions, are not required to be detailed, except that the Court has to see whether proper and legal decisions have been taken in permitting performance of cremational rites of some of the leaders in places other than the places earmarked and registered as required under the provisions of the Hyderabad Municipal Corporation Act, 1955, for disposal of the dead by the competent authority and in accordance with law, whether by according such permission, the respondent Government of Andhra Pradesh and the Corporation of Hyderabad and their functionaries have acted within the bounds of law and even in case they are found to have acted within the bounds of law, whether they have violated the right under Article 21 of the Constitution of India of the residents of the city of Hyderabad by permitting conversion of public places of recreation as cremation grounds and memorials in the name of departed leaders like late Sri N.T.Rama Rao and late Dr.M.Chenna Reddy.