The Punjab and Haryana High Court has held that a dignified cremation is a right that deserves to be respected even after a person's death.

It directed a fresh post-mortem at PGIMER, Chandigarh, of a man from Mansa whose body had been carried in protest processions against drugs, and whose death is the subject of conflicting versions from his family and the police.

Justice Sanjay Vashisth said, “In view of two different versions emerging on record and the fact that mortal remains of deceased are yet to be cremated, this Court is of the considered view that a dignified cremation is a right which deserves to be respected even after death of a person.”

The Court barred political parties, politicians and other groups from attending or interfering with the cremation, “However, no political party or politician, whether belonging to ruling party or opposition, or any other group/organization, shall be permitted to participate in or interfere with arrangements for cremation.”

It added, “Right to a dignified disposal of mortal remains is an important aspect of human dignity, which deserves to be respected even after death, irrespective of the circumstances in which a person would have died. Merely on the basis of suspicion, whether from either side, or to achieve individual or collective objectives, no person could be permitted to use mortal remains of a departed soul in a manner that undermines dignity of deceased or disturbs public peace/law and order.”

The petition was filed by Amarjeet Kaur, sister of the deceased, Daljeet Singh of Village Bhamme Kalan, District Mansa. She sought the following protection for the family from local police officials, in particular the Senior Superintendent of Police, Mansa, a post-mortem at PGIMER, Chandigarh, transfer of the investigation to the CBI or another independent agency, action against police officials who, she alleged, had “abducted” her brother's body and return of the body to the family.

The Court noted that two unnatural deaths in quick succession had caused “serious concerns and unrest” in Mansa.

First death, Parminder Singh @ Jhota was allegedly murdered at a chemist's shop on October 13. The State told the Court that his body had still not been cremated or sent for post-mortem. Agitators were keeping it in their possession to convey that a man who spoke out against drugs had been “murdered brutally by the drug paddler(s)”.

Second death: Daljeet Singh's body was found on the morning of October 27, about 1.5 to 2 km from his home.

Conflicting Versions

The petitioner's case was that her brother died of an overdose of a narcotic substance. Residents then decided to take out a procession with his body to protest the drug menace, and the Court was told that “hundreds and thousands of protestors” had gathered, creating an “extremely tense and volatile situation”.

Senior Advocate P.S. Ahluwalia, for the petitioner, submitted that the family wished to protest peacefully, but that the police were “causing atrocities over the agitators and putting them behind bars.”

The State produced the post-mortem report from AIIMS, Bathinda, dated October 28. It recorded eight injuries, including contusions on the nose, arms and lower back, and abrasions on the back and left foot. Relying on a video recording, the State said the deceased had been seen with certain suspects outside the house of one of the accused at about 9:30 pm the previous night, where he was allegedly beaten. His body was later found where the family recovered it.

The Court held that a fresh post-mortem, establishing in particular whether the injuries were ante-mortem, “may assist in resolving various doubts and removing confusion surrounding circumstances of death.”

All the parties present, including the State, agreed to the same. The Court also impleaded the Director General of Police, UT Chandigarh, as a respondent, saying it “cannot remain oblivious to prevailing situation in District Mansa”.

The Court directed that the body must be handed over to PGIMER, Chandigarh, by 10 am on November 4, 2026, for a fresh post-mortem, with viscera preserved if required.

It further added that the two DGPs must secure and cordon off the Sector 25 cremation ground in Chandigarh, so that the last rites can be performed immediately after the post-mortem.

"It is further directed that, before cremation, all family members of deceased shall be brought to the cremation ground under adequate police protection, ensuring that no injury, intimidation or harassment is caused to them and their sentiments are duly respected," the Court added.

The matter is listed on November 5, 2026.

Mr. P.S. Ahluwalia, Sr. Advocate with Mr. Saurav Bhatia, Advocate,

Mr. Parambir Singh, Advocate, Mr. Sidhant T. Arora, Advocate, Mr. Ravinder Sampla, Advocate and Mr. Navdeep Singh, Advocate, for the petitioner(s).

Mr. Chanchal K. Singla, Addl. AG, Punjab with Mr. Neeraj Madaan, Sr. DAG, Punjab. Mr. Manjinder S. Bhullar, DAG, Punjab assisted by Mr. Harvinder Singh, DSP, Sub-Divn. Sardulgarh (Mansa), Punjab.

Mr. Ravi Kamal Gupta, Advocate for respondent No.3 – CBI.

Mr. Amit Jhanji, Sr. Advocate with

Dr. Eliza Gupta, Advocate for respondent No.5 – PGIMER, Chandigarh.

Mr. Manish Bansal, Public Prosecutor, UT Chandigarh for newly added respondent No.6.