The Punjab and Haryana High Court has directed that “no political party or politician, whether belonging to ruling party or opposition, or any other group/organization, shall be permitted to participate in or interfere with arrangements for cremation” of Daljeet Singh, whose death in Mansa district triggered protests over the drug menace.The HC further directed authorities to ensure that no person creates any disturbance or obstruction either while shifting his mortal remains to the cremation ground or during the performance of last rites.Observing that “right to a dignified disposal of mortal remains is an important aspect of human dignity, which deserves to be respected even after death, irrespective of the circumstances in which a person would have died”, the High Court directed that Daljeet’s last rites be performed immediately after a fresh post-mortem examination at PGIMER, Chandigarh, under adequate police security.
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Justice Sanjay Vashisth passed the directions while hearing a criminal writ petition filed by Amarjeet Kaur, sister of Daljeet Singh of Bhamme Kalan village in Mansa district, seeking a CBI probe into her brother’s death and an independent post-mortem examination at PGIMER, Chandigarh. She has also sought protection for her family and action against police officials.Daljeet was found dead on October 27 after his family members came to know that his body was lying around 1.5 to 2 kilometres from their residence. The family initially proceeded towards the spot apparently under the impression that he had died due to consumption of some narcotic substance, in the backdrop of the prevailing drug menace in Punjab, as submitted by the petitioner’s counsels, Senior Advocate P.S. Ahluwalia, with Advocate Saurav Bhatia.The petitioner submitted that her brother had died due to consumption of an overdose of some narcotic substance. It was further submitted that, being aggrieved by the prevailing drug menace and circumstances surrounding his death, inhabitants of the area decided to raise their voice by taking out a procession with his mortal remains for performing religious rituals, including recitation of Gurbani and Path.The petitioner’s counsel submitted that residents, including family members of the deceased, wished to express their grievance by taking out a peaceful procession with his mortal remains, but the police administration was allegedly causing atrocities over the agitators and putting them behind bars. The Court was also informed that hundreds and thousands of protesters had assembled in the area, resulting in an extremely tense and volatile situation.The HC noted that two incidents involving unnatural deaths had taken place in quick succession in Mansa district, on October 13 and October 27, giving rise to serious concerns and unrest among the public.The first incident related to Parminder Singh alias Jhota, who was allegedly murdered at a chemist shop on October 13. The state counsel, Additional Advocate General Chanchal K Singla informed the court that due to the agitated temperament of the public, his last rites could not be performed and his body had not been cremated. Even his post-mortem examination could not be conducted as the body was in the custody of agitators.In Daljeet’s case, the AAG Punjab produced a post-mortem report dated October 28, conducted at AIIMS, Bathinda, which recorded eight injuries on his body.Referring to a video recording shown to the court, the state counsel submitted that before the incident, at around 9.30 pm, the deceased and certain suspects were noticed in front of the house of one of the accused persons, whereafter Daljeet was allegedly given beatings. The state counsel further submitted that after the alleged beatings, his body was subsequently noticed lying at the place from where it was later recovered by family members.Taking note of the two different versions emerging on record and the fact that the mortal remains were yet to be cremated, the Bench observed, “a dignified cremation is a right which deserves to be respected even after death of a person.”The Bench added, “Accordingly, it would be appropriate to get a fresh post-mortem examination conducted at PGIMER, Chandigarh, without any further delay, so that the circumstances surrounding death of deceased may be confirmed once again.”It further observed, “determination of nature of injuries, particularly whether the same are ante-mortem or otherwise, may assist in resolving various doubts and removing confusion surrounding circumstances of death.”The Director, Forensic Science Laboratory, was also directed to ensure that examination of viscera is expedited so that its final result could be placed before the court at the earliest.Emphasising the dignity of the deceased, the Bench observed, “Merely on the basis of suspicion, whether from either side, or to achieve individual or collective objectives, no person could be permitted to use mortal remains of a departed soul in a manner that undermines dignity of deceased or disturbs public peace/law and order.”The HC directed the Director Generals of Police, Punjab and UT Chandigarh, and the Director, PGIMER, to work in close coordination and ensure that proceedings relating to the fresh post-mortem examination are expedited.The mortal remains were directed to be handed over to PGIMER authorities by 10 am on November 4 for the examination and other necessary proceedings, including preservation of viscera, if required.The two police chiefs were further directed to make arrangements for adequate security and cordoning of the cremation ground in Sector 25, Chandigarh, so that the last rites could be performed immediately after the fresh post-mortem examination.The HC directed that all family members be brought to the cremation ground under adequate police protection, ensuring that no injury, intimidation or harassment is caused to them and their sentiments are duly respected. The parents, sister, widow, minor children, other relatives and only close friends of Daljeet Singh shall be permitted to participate in the last rites peacefully.The matter will now be heard on November 5.
