High Court: Right to participate in funeral not absolute one

Tribune News Service

Chandigarh, June 20

While observing that the right to participate in a funeral ceremony is not an absolute right, a local court has denied interim bail to an accused arrested in an alleged corruption case registered eight years ago. He had sought the bail to attend the funeral of his father.

The accused was working in the Registration and Licensing Department of the UT Administration. He had been arrested in May 2024 in a corruption case registered in 2016 by the Vigilance Department. The allegation against the accused was that he had conspired with certain other co-accused for getting a certain class of vehicles registered on forged documents by undervaluing the sale invoice.

Counsel of the accused in the bail application said the father of the accused had died in the PGI due to some illness. The counsel sought the interim bail on the basis of the judgment passed by the Madras High Court in a similar matter in S Guruimoorthi vs the state decided on February 11.

The counsel further argued that in this judgment the High Court had held that the right to take part in the funeral rites of a parent, spouse or child was encompassed within the scope of the fundamental right guaranteed under Article 25 of the Constitution.

On the other hand, the Chandigarh Police in the reply said the deceased father was survived by his another son and a daughter.

After hearing the arguments the court said in the judgment of the Madras HC, which was relied upon by the defence counsel, it had been held that the right to participate in funeral ceremony could be invoked by prisoners under Article 25 of the Constitution, but it had also been held that the this right was not an absolute right.

The court said as per the report submitted by the police, the deceased was survived by another son, who could perform the last rites. It added that from the record of the case it was apparent that vide order dated January 10, 2018, the accused was denied anticipatory bail by the High Court in the present case registered under the PC Act in 2016 because the petitioner had failed to appear before the IO despite being given several chances. Under these totality of facts and circumstances of the case, the court is not inclined to grant any interim relief to the petitioner, the order said.

Deceased survived by another son

The allegation against the accused was that he had conspired with certain other co-accused for getting a certain class of vehicles registered on forged documents by undervaluing the sale invoice. The court said as per the report submitted by the police, the deceased was survived by another son, who could perform the last rites

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.