TUSHAR ARUN GANDHI versus STATE OF ORISSA AND OTHER

Citation: [1996] SUPP. 9 S.C.R. 173 · Decided: 26-11-1996 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Disposed off
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Judgment (excerpt)

-. 
TUSHAR ARUN GANDHI 
v. 
STATE OF ORISSA AND OTHER 
NOVEMBER 26, 1996 
[AM. AHMADI CJ. AND SUJATA V. MANOHAR, J.] 
Constitution of India I950, Article 32-Asthis (ashes) of Mahatma 
Gandhi kept in Bank locker-Grandson's efforts to peifom1 last rites-Efforts 
failed as State Government did not respond favourably-Letter addressed to 
Chief Justice of India-Treated as writ petition-Directions issued for immer-
. 
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sion of the ashes in river Ganga with reverance and dignityc-f'ublic interest 
litigation. 
Petitioner, the grandson of Mahatma Gandhi, came to know from 
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the press reports that Mahatma Gandhi's ashes were lying in a locker at D 
State Bank of India which was deposited on behalf of the respon-
dent-State Government. The petitioner requested the Government of 
Orissa and State Bank Officers to help him in securing the box to complete 
the last rites. His efforts having failed, he wrote a letter to the Chief Justice 
of India which was treated as Writ Petition under Article 32 of the 
Constitution. 
On behalf of the State Bank, it was submitted that on 29th Novem· 
her, 1950 a sealed wooden box marked "Secretary RPM Orissa" stated to 
contain the ashes of Mahatma Gandhi was deposited by the Secretary to 
the Chief Minister of Orissa. 
On behalf of the respondent State of Orissa, it was submitted that 
in the absence of records, it could not accepted that the said box contained 
the ashes of Mahatma Gandhi and was deposited by the Government for 
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safe custody and that it was difficult to visualise how two years after the 
assassination, the ashes could be available for deposit. The bank as well G 
as the petitioner left it to this Court to decide on the mode of disposal of 
the Mahatma Gandhi's ashes. 
Disposing of the Writ Petition, this Court 
HELD : 1.1. It is clear that on 29th November, 1950 an urn kept in H 
173 
174 
SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R. 
A a box stated t~' contain the ashes of Mahatma Gandhi was deposited with 
the State Bank of India and no one except the petitioner has claimed the 
same so far. It is also evident from the safe deposit receipt that the 
Secretary to the Chief Minister of Orissa at the relevant date had 
deposited the urn with the Bank. There was no need for the Bank to make 
B any false entry in their register and since the entry is an old one of 1950 
made in regular course of business of the Bank, there is no reason why it 
should be viewed with suspicion. Merely because the designation is stated 
to be 'Secretary' to the Chief Minister and not 'Private Secretary' which 
post admittedly existed then, is not a strong point to doubt the genuineness 
of the entry. Ir the Government records do not contain any note or if no 
C such note is traced it is no ground to doubt the entry in the Bank's register. 
Since the box contains an urn with ashes and no one else had claimed it 
after more than four decades there is no harm in directing the disposal of 
the ashes as prayed by the petitioner. [178-G-H; 179-A-C] 
2.1. The Chief Justice of the High Court will nominate the Registrar 
D of the High Court or a senior judicial officer to take charge of the Box 
containing the urn in the presence of the petitioner along with a high level 
officer of the Bank after drawing up a memo regarding the physical 
condition. On the same day or any other appointed date to be fixed in 
consultation with the Bank officials and the petitioner, they shall carry 
E the ashes to a mutually agreed upon site on the River Ganga (the 
Ganges) for being disposed of with reveren~e and dignity behoving the 
occasion. After the same is done, the Registrar/Judicial Officer will 
submit a report to this Court addressed to the Registrar- General, who 
will include the same as part of the record with a note that it will be 
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permanently preserved. [179-D-F] 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 340 of 
1996. 
(U oder Article 32 of the Constitution of India.) 
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Petitioner-in-person. 
Sanjay Kapur, Rajiv Kapur, Ms. S. Kapur for the Respondent Nos. 3-4. 
T.C. Sharma, P. Parmeshwaran and P.N. Misra for the Respondent 
H No.5. 
TAGANDH!v.STATE[AHMADI,J.] 
The judgment of the Court was delivered by 
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AHMADI, CJI. Shri Tushar Arun Gandhi, the Great Grandson of · 
Mahatma Gandhi addressed a letter in the form of an appeal to one of us 
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(the Chief Justice of India) stating that he had come to know from Press 
reports about the existence of an urn containing the ashes of
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