Ashutosh’s cremation: HC refuses to put order on hold | chandigarh | Hindustan Times
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Ashutosh’s cremation: HC refuses to put order on hold

chandigarh Updated: Dec 06, 2014 09:13 IST
Surender Sharma
Surender Sharma
Hindustan Times
Chandigarh

The Divya Jyoti Jagriti Sansthan (DJJS) on Friday failed to get any relief from the Punjab and Haryana high court on its petition asking the court to put its December 1 order for sect head Ashutosh’s cremation in abeyance for one month.

The HC, adjourned the hearing to December 12, asked the sansthan to bring before the court whether a precedent of “putting its own order in abeyance was there”.

Narinder Singh, who has filed the application on behalf of the DJJS -- based at Nurmahal (Jalandhar) – said they wanted to challenge the single-judge order before the division bench, which would require “strenuous efforts’ and “some reasonable time,” thus the December 1 order be put in abeyance for 30 days.

On December 1, the HC had declared Ashutosh ‘dead’ and asked the government to perform his last rites within 15 days.

‘Set the precedent’

Dera’s counsel RS Rai argued before the bench of justice MMS Bedi, who had passed the December 1 order, that there were provisions under the civil procedure code where such orders or decrees could be put in abeyance if the court thought that it had huge ramifications. However, the court asked whether there was any such precedent.

The HC observed that the time dera put in filing this petition could have been used to file an appeal before another forum. “I am also concerned over the social order (regarding the execution of the December 1 order). But I have passed the order. Have you seen any court taking back its orders?” the HC asked.

However, Rai argued that there was always a first time, while submitting that the HC order had far-reaching effects and ramifications. “Since it is the first (time), why not let it tested?” argued Rai.

Later, the court adjourned the hearing for December 12, asking the dera counsel to provide if there was any legal remedy for them.

The high court had on December 1 constituted a committee headed by the Jalandhar district magistrate and directed it to carry out the last rites of Ashutosh within 15 days. The HC had also directed the Punjab chief secretary; principal secretary, home; secretary, health; secretary, local bodies; and the director general of police to supervise the compliance of the court order.