Read Time: 06 minutes

Synopsis

The Madurai bench of the Madras High Court convened a special hearing on Sunday to consider the interim bail plea of an undertrial prisoner who sought permission to attend his father's funeral, scheduled for the evening.

Though the court firmly objected to granting interim bail to the prisoner who is facing prosecution under the Narcotic Drugs and Psychotropic Substances Act, it observed that his right to attend the funeral was part of Article 25 of the Constitution and thus paved the way for him to attend his father's funeral.

"The petitioner is a Hindu. As a son, he has to discharge certain religious obligations. He has to offer what is known as 'Pinda'. If one is the eldest son, it is he who alone can light the pyre. These are matters of religion and the Court has to necessarily have due regard for the same," court noted. 

Accordingly, while stating that though the petitioner could not be allowed interim bail, Justice GR Swaminathan directed the Superintendent, Central Prison, Madurai to make appropriate arrangements, so that the petitioner could take part in the final rites of his father.

"Prisoners including under-trials can invoke this right under Article 25 of the Constitution. Right to participate in the funeral ceremony of the parent/spouse/child will fall within the sweep of the right under Article 25," the judge said while clarifying that "this cannot be an absolute right and the court will uphold this right subject to the prevailing situation".

Court directed that the prison authorities to ensure that the petitioner is taken out from the prison to attend the funeral ceremony and brought back by the evening of next day. 

Additionally, court allowed the petitioner to also participate in the 16th-day ceremony.

"On the 16th day, the petitioner will be taken out from the prison at 06.00 am., and brought back to the prison before sunset. The cost of escort shall be borne by the State," court ordered. 

The petitioner, namely S Gurumoorthi, was arrested for the offences under Sections 20(b)(ii)(C), 29(1) and 8(c) of the NDPS Act. He was allegedly found in possession of 24 KG of Ganja. 

The petitioner's father passed away on February 10, therefore, he moved the high court for interim bail wanting to participate in his father's funeral rites.

Considering the urgency of the situation, the Administrative Judge directed Justice Swaminathan to hold a special sitting and dispose of the petition.

While pointing out the large amount of Ganja found in possession of the petitioner and his criminal history of two previous cases, court said that though it could not render a finding that he was not likely to commit any offence while on bail, but it could allow him to attend the funeral.

Case Title: S Gurumoorthi v State