SHASHIMANI MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) "The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion". These words of Albert Camus, a French Philosopher, Author, and a Nobel Laureate in Literature, rings true in the facts of this case. The State Human Rights Commission, the Respondent No.2 herein, has impliedly alleged rebellion on the part of the Petitioner for not conforming to the social mores of the community by refusing to subject the mortal remains of his father to final rites and for not allowing the police and other authorities of the State to enter his residential premises in order to ascertain whether the father of the Petitioner No.2 is dead or alive. The Petitioner on the other hand has questioned the impugned order passed by the Respondent No.2 on the ground that, the Respondent No.2 has attempted to impinge upon the Petitioner's freedom to act as he wishes and seeks to curtail the Petitioner's free will by insisting that the Petitioner allow free ingress to the police into his residential premises to ascertain the truth relating to the Petitioner's father. The Petitioner insists that his father is alive and well and is under treatment at his residence. He does not wish the authorities of the State to intrude upon his privacy by entering his house to ascertain whether the father of the Petitioner is dead or alive.

(2.) The present case seeks an answer to the question as to what is the meaning of legal/lawful and whether, the impugned order passed by the Respondent No.2 violates the right to privacy of the Petitioner. The Petitioner No.1 is Mrs. Shashimani Mishra, W/o. Mr. Kulamani Mishra. The Petitioner No.2 is Dr. Rajendra Kumar Mishra. The Petitioner No.2 is the son of the Petitioner No.1. The Petitioner No.2 is an officer serving in the Indian Police Service and is presently posted as Additional Director General of Police (Recruitment). Both the Petitioners are resident of D-7, 74 - Bungalows, Bhopal. The Petitioners are aggrieved by the letter dated 14/02/19 issued by the State Human Rights Commission, the Respondent No.2 herein, addressed to the Director General of Police, Madhya Pradesh (hereinafter referred to as "DGP"). Also aggrieved are the Petitioners, by the letter dated 20/02/19 addressed by the DGP to the Respondent No.2.

(3.) The case arises from a report in the newspaper "Hari Bhoomi" dated 14/02/19 in which one of the head line story was "?????? ??????? ?????? ?? ??????? ....... ???? ?????? ?? ?????? ???? ???? ????? ?, ??????? ???? ......???? ?? 14 ?????? ?? ??? ???? ???? ?? ??". The report disclosed that the father of the Petitioner No.2 passed away after treatment on 14/02/19 and thereafter, the Petitioners have been keeping the lifeless body of Mr. Kulamani Mishra at their residence on account of which two of the guards on duty fell ill allegedly due to the stench emanating from the decomposing body.