LexRAMESH BAGHEL versus STATE OF CHHATTISGARH & OTHERS
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[2025] 1 S.C.R. 961 : 2025 INSC 109 Ramesh Baghel v. State of Chhattisgarh & Others (Civil Appeal No. 1235 of 2025) 27 January 2025 [B.V. Nagarathna* and Satish Chandra Sharma,* JJ.] Issue for Consideration A plea of a Christian man to accord his father a decent burial in his own native village. Headnotes† Constitution of India – Arts.14 and 15 – Chhattisgarh Panchayat Raj Adhiniyam, 1993 – Chhattisgarh Gram Panchayat (Regulating Places for Disposal of Dead Bodies, Carcasses and other Offensive Matter) Rules, 1999 – Appellant herein is a christian and belongs to the New Apostolic Church – His family and ancestors were native residents of village Chhindwada, Chhattisgarh for generations and belonged to the Mahra caste or community – The appellant’s father, a pastor, passed away on 07.01.2025 – Appellant wished to accord his father a decent burial in his own native village – However, the burial was objected by the fellow villagers – Appellant received no aid from the State machinery – Appellant filed writ petition before the High Court – By the impugned order dated 09.01.2025, the High Court disposed of the writ petition by refusing to grant relief as prayed for the appellant: Held: [Per Nagarathna, J.] (i) The appellant permitted to conduct the funeral rites of his father in his private agricultural land at village Chhindwada at the earliest; (ii) However, the appellant shall not take any advantage, legally or otherwise, for having been permitted to bury his father in his private land; (iii) Since the death of the appellant’s father has given rise to the unsavoury controversy regarding the place of burial, respondent Nos.3 to 9 directed to provide adequate security and protection to the appellant and his family to carry out the funeral rites of his father at his private * Author 962 [2025] 1 S.C.R. Supreme Court Reports agricultural land at village Chhindwada at the earliest; (iv) The implementation of the aforesaid directions to be expedited; (v) The respondent-State and its local authorities directed to demarcate exclusive sites as grave yards for burial of Christians throughout the State in accordance with law; (vi) Although, by consensus, this Court has issued certain directions as per the Order of the Court, nevertheless, direction five above shall be complied with by the respondent-State and its authorities dehors the direction issued under Article 142 of the Constitution. [Para 1] [Per Satish Chandra Sharma, J.(dissenting)] (a) The Appellant and his family be provided with an appropriate site within the Designated Christian Burial Ground situated at village Karkapal for the burial of the Deceased's remains; (b) The Respondent State is directed to ensure that the Appellant and his family are provided with all ancillary logistical support for the purpose of transferring the remains of the Deceased from the mortuary at the Medical College situated at Jagdalpur to Designated Christian Burial Ground situated at village Karkapal; (c) The Respondent State to grant the Appellant and his family members adequate police protection which shall be reviewed by the concerned authorities after a period of 7 (seven) days; (d) The Respondent State to take adequate measures to ensure no public order incident takes place at either village Karkapal or village Chindwada; and (e) The Respondent State is directed to ensure that the burial of the remains of the Deceased takes place at the earliest – The Appellant and his family members are directed to cooperate with the authorities of the Respondent State who shall handle the situation with the sensitivity it deserves. [Para 2] Constitution of India – Art.142 – Directions issued – Appellant, a Christian wished to accord his father (pastor) a decent burial in his own native village – However, the burial was objected by the fellow villagers: Held: (Per Court) There is no consensus between the members of this Bench on the place of resting of the appellant’s father who died on 07.01.2025 – Bearing in mind the fact that the deceased has been kept in mortuary for the last three weeks since 07.01.2025 and in order to accord an expeditious and dignified burial of the deceased, the following directions in exercise of powers under Article 142 of the Constitution of India: (i) The appellant to conduct the funeral rites and bury his deceased father at the burial ground [2025] 1 S.C.R. 963 Ramesh Baghel v. State of Chhattisgarh & Ot
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