Karnataka High Court Denies Relief To Priest Who Performed Last Rites On Dead Body Outside Church In Violation Of Covid-19 Norms

The Karnataka High Court has refused to quash the criminal case registered against a Church priest in Mysuru, for allegedly violating Covid-19 norms while performing last rites over a dead body.It is alleged that priest's action of performing last rites outside the church attracted a large gathering amid Covid induced lockdown. The counsel for the petitioner argued that there was no gathering, that the deceased tested negative for COVID-19 and that actually all the rituals were conducted in the presence of corporation officials. However, the court noted,"Argument cannot be accepted because the prohibitory orders issued by the Government appear to have been violated. The photograph produced by the petitioners shows that there was a large gathering of people at that time. In view of this, I do not think that a false FIR has been registered. The matter requires investigation. In this view I do not find good grounds to admit this petition. It is dismissed."The N.R.Police Station had registered a case under Section 188 of IPC, Section 4(2)(e), 5(4) of Karnataka Epidemic Diseases Act, 2020 and Section 51 of the Disaster Management Act. Rev. Elish Kumar, and one Gilbert Devaprasad, had approached the court seeking to quash the proceedings pending before the III Additional Chief Civil Judge (Jr.Dn) and JMFC, Mysuru. It was said that Rev. William Sujay Kumar, who was the Assistant Presbyter of Welsy Church, Mysuru died on 30.04.2021. He tested negative for the RT-PCR test, but the dead body was handed over to corporation authorities for conducting funeral. A small ritual was conducted in front of CSI Yesu Krupalaya Church, before taking the body for funeral purpose and at that time petitioner no.1 was the officiating priest who performed the rituals assisted by petitioner no.2. The police, having come to know about the ritual going on in front of the Church and in view of the prohibitory orders to prevent containing the spread of infectious COVID-19, went to that place and saw the gathering of 25-30 persons and therefore registered the FIR against the petitioners. Case Title: Rev. Elish Kumar v. State of Karnataka Case No: CRIMINAL PETITION No.4834 OF 2021 Date of Order: September 24, 2021. Appearance: Advocate Sailesh S. Katarey for petitioner; Advocate R.D.Renukaradhya for respondents.Click Here To Read/Download The Order

Karnataka High Court Denies Relief To Priest Who Performed Last Rites On Dead Body Outside Church In Violation Of Covid-19 Norms

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