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2018 DIGILAW 1840 (SC)

Aiims Rishikesh v. Vijay Verma

2018-11-02

HEMANT GUPTA, K.M.JOSEPH, RANJAN GOGOI

body2018
ORDER 1. One Professor G.D. Agarwal @ Swami Sanand, an Environmental Engineer by profession and who had a large number of spiritual followers died while on hunger strike for the cause of free flow of river Holy Ganga on 11 th October, 2018. He was on indefinite fast from 22 nd June, 2018. Prior to his death, late Professor G.D. Agarwal @ Swami Sanand executed a document (will) donating his body after his death to the Department of Anatomy, All India Institute of Medical Sciences, Rishikesh (AIIMS, Rishikesh) for teaching and research purposes. He had also donated his eyes through one Rajendra Eye Bank. 2. AIIMS, Rishikesh has preserved the dead body by embalming fluids and is presently being kept in the formal in tank round the clock. 3. The followers of late Professor G.D. Agarwal @ Swami Sanand including the respondent - writ petitioner moved the High Court of Uttarakhand seeking a direction to the respondent No.3 in the writ petition (petitioner herein) to handover the dead body of late Professor G.D. Agarwal @ Swami Sanand to his followers for being kept at Matri Sadan, Haridwar for 'Antim Darshan' for three days. The High Court by the impugned order allowed the writ petition and further directed that the dead body of late Professor G.D. Agarwal @ Swami Sanand be returned by the writ petitioner(s) to AIIMS, Rishikesh after three days (i.e. 72 hours). 4. Contending that the exercise permitted by the High Court, if permitted, would lead to decomposition of the dead body which would become unsuitable for medical research, an urgent mentioning was made before this Court on 26 th October, 2018 for taking up the matter. Accordingly, a special bench was convened at 4.00 p.m. of the said date i.e. 26 th October, 2018 and orders were passed staying the operation of the impugned order dated 26 th October, 2018 passed by the High Court of Uttarakhand in W.P.(PIL) No. 193 of 2018. Accordingly, a special bench was convened at 4.00 p.m. of the said date i.e. 26 th October, 2018 and orders were passed staying the operation of the impugned order dated 26 th October, 2018 passed by the High Court of Uttarakhand in W.P.(PIL) No. 193 of 2018. It may be noted at this stage that at that point of time a formal petition for special leave to appeal was yet to be filed and acting on the basis of the statements made on behalf of the present petitioner before the Registry the Court proceeded on the basis that the body had been preserved for transplanting the organs of the deceased which is not correct inasmuch as the body was donated primarily for medical research. 5. Be that as it may, at this stage, the respondent -writ petitioner seek modification of the order of this Court dated 26 th October, 2018 and for permission for 'last darshan' of the departed spiritual leader which would be an opportunity for the followers to pay their last respects. 6. While the above stand of the followers of the deceased will have to be respected, at the same time, the death wish of the deceased that his body is to be used for medical research also has to be respected. To strike a balance we have interacted with Dr. Mrinal Barua and Dr.Vivek Mishra, Associate Professors of the Department of Anatomy, AIIMS, Rishikesh who are personally present in Court. The doctors have stated that the body if disturbed from its present location and if the outer cover in which the body is preserved is to be removed decomposition will set in. On a pointed query by the Court, the doctors have submitted that on a Sunday when no teaching activity is undertaken 10 (ten) followers subject to a maximum limit of 50 (fifty) followers may be allowed to have 'darshan' within the hospital premises and such 'darshan' can be for a period of one hour. 7. This arrangement can adequately safeguard the wishes of the respondent - writ petitioner and other followers without causing any damage to the body so far as the medical research is concerned. 7. This arrangement can adequately safeguard the wishes of the respondent - writ petitioner and other followers without causing any damage to the body so far as the medical research is concerned. We, therefore, permit the aforesaid arrangement, namely, darshan by 10 (ten) followers in a group subject to a limit of 50 (fifty) followers within the hospital premises for a period of one hour every Sunday for the next 10 consecutive Sundays meaning thereby a total of 500 (five hundred) followers. 8. Beyond the above, we do not consider it necessary or expedient to pass any further directions. The Special Leave Petition is disposed of in the above terms.