TUSHAR ARUN GANDHI versus STATE OF ORISSA AND OTHER

TUSHAR ARUN GANDHI versus STATE OF ORISSA AND OTHER

Since the box had contained the ashes for over four decades without other claimants, and the Bank's record supported the petitioner's claim, the Court held it proper to direct disposal of the ashes as prayed, with due reverence, at a mutually agreed site on the River Ganga, by a judicial officer in the presence of the petitioner and Bank officer.

Parties
Petitioner: Tushar Arun Gandhi; Respondent: State of Orissa; Respondent: State Bank of India; Respondent: Respondent No.5
Jurisdiction
India
Judgment Date
26 November 1996
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition disposed of with directions.
Legal Topics
Article 32, Last Rites, Public Interest Litigation, Safe Custody of Ashes
Constitutional Law Article 32 Last Rites Public Interest Litigation Safe Custody of Ashes

Case Brief

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Parties

Tushar Arun Gandhi

Petitioner

State of Orissa

Respondent

State Bank of India

Respondent

Respondent No.5

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the ashes of Mahatma Gandhi kept at State Bank of India can be claimed and last rites performed as per the petitioner's request under Article 32 of the Constitution.

Ratio Decidendi

Since the box had contained the ashes for over four decades without other claimants, and the Bank's record supported the petitioner's claim, the Court held it proper to direct disposal of the ashes as prayed, with due reverence, at a mutually agreed site on the River Ganga, by a judicial officer in the presence of the petitioner and Bank officer.

Court Disposition

Petition disposed of with directions.

Orders

  • The Chief Justice will nominate the Registrar of the High Court or a senior judicial officer to take charge of the box containing the urn, in the presence of the petitioner and a high-level officer of the Bank, after making a memo regarding its physical condition.
  • The ashes are to be carried to a mutually agreed site on the River Ganga for disposal with reverence and dignity.