'How Did He Die?' Kerala High Court Refuses To Stay Exhumation Of Gopan Swami's Body From 'Samadhi' Site

The Kerala High Court today (January 15) refused to stay exhumation of Gopan Swami's body, a retired headload worker who as per his family (wife and children) reached the pinnacle of spirituality and attained 'Samadhi' on January 09, 2025. Unconvinced by the family's claim that there was no suspicious circumstance surrounding Gopan's death, Justice C S Dias orally enquired how the man died and whether the family had obtained his death certificate.“I am of the fact that the death of Late Shri Gopan is not been registered till date. I am not satisfied that the petitioners have made out a case for an interim relief. Petitioner's prayer for interim relief is declined,” the Judge said, in effect refusing to stay the exhumation of his body.Gopan Swami resided with his family in Thiruvanathapuram. The plea stated that he practiced sainthood and established an Ashram and constructed a Temple in his property during his worldly life. It is reported that the family buried his body, believing that he attained Samadhi as per his wishes . Based on the information given by the neighbours, the Police started an investigation into the suspicious circumstances surrounding his death and registered an FIR. The District Administration later ordered exhumation of his body for proper probe.The Counsel appearing for Gopan's family submitted that they have a fundamental right to freedom of religion and to bury his body as per their own practises. It was argued that the disinterring of the worldly body of Gopan Swami is sacrilegious and against the beliefs of his family members who are Hindu devotees. It was argued that the exhumation of body would violate fundamental rights guaranteed under Article 25 and 26 of the Constitution.Plea said, "The practise of attaining Samadhi is not alien to Hindu Religious rites and customs and has been well documented in various religious texts. There is no law in existence in India which prohibits death by Samadhi and for preserving the worldly body by construction of a Samadhi Peedam."The family members have alleged that FIR is registered for missing persons under 57 of the Kerala Police Act. It was stated that no FIR is registered under Section 194 of the BNSS alleging death in suspicious circumstances for carrying out an enquiry by the police. The Court however orally enquired about the cause of his death and stated that the Police has the right to register an FIR and investigate if a cognizable offence is made out.“Produce the death certificate and I will accept your contention…why are you apprehensive? What is your problem?...You tell me how did he die…where is death registered? Immediately death has to be registered...” the Court orally told the family.It further stated that Police, as per Section 194 of the BNSS, has right to investigate when death occurred under suspicious circumstances, giving reasonable suspicion of homicide. It said, “If he was in hospital and naturally died, I would have accepted…cognizable offence made out, the police has right to register FIR and investigate.”As such, the matter has been posted to next week.The plea has been moved by Advocates Nirmal V Nair, M AneeshCase Title: Sulochana T and Others v District Collector, Thiruvananthapuram and OthersCase Number: WPC 1771/2025

'How Did He Die?' Kerala High Court Refuses To Stay Exhumation Of Gopan Swami's Body From 'Samadhi' Site

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