Pained to see son unable to bury father in village move apex court: Supreme Court

At the outset, solicitor general Tushar Mehta, appearing for the state government, informed the court that there was no burial ground for Christians and the man could be buried in a place 20 km away from the village.

New Delhi: The Supreme Court on Monday said it was pained to see that a man has to come before it for the burial of his father as per Christian rites in a Chhattisgarh village after the authorities failed to resolve the issue.

Hearing a plea by Ramesh Baghel, a bench of Justices B V Nagarathna and Satish Chandra Sharma asked, “What was happening all these decades and years? What was the position all these decades and years. Why is the objection being raised only now?”

The court asked why a person who has lived in a particular village be not buried in that village. The body has been lying in the morgue since January 7. "Sorry to say that a man has to come to the Supreme Court for burial of his father,” the bench said.

“We are sorry to say that neither the Panchayat, nor the state government or the High Court was able to resolve this problem. We are surprised by the High Court's remark that there will be a law and order problem. We are pained to see that a person is unable to bury his father and has to come to the Supreme Court," the bench added.

Appearing for the Chhattisgarh government, Solicitor General Tushar Mehta contended that there was no burial ground for Christians and the man could be buried in a place 20 kilometres away from the village.

Baghel challenged High Court's order, disposing of his plea seeking burial of his father, a pastor, in the area specified for the burial of Christians in the village graveyard. He said villagers had aggressively objected to the burial, and the police also threatened him with legal action.

Senior advocate Colin Gonsalves, appearing for Baghel, said the affidavit submitted by the state showed his family members were also buried in the village and the deceased was not being allowed the burial as he was Christian.

Mehta said the son was adamant to bury his father in the burial ground of his family's native village to create unrest between tribal Hindus and tribal Christians. Mehta said it is not an individual case and he will file a better affidavit and there is something more.

They want to start it at an all-India level, so this matter should be decided, Mehta said. Gonsalves claimed that the villagers say since he has converted to Christianity, therefore the burial will not be allowed. The counsel said the person should not be treated like an untouchable only because he had converted and that is not the way to do things.

To this, Mehta said, “everyone is converted and all Christians are converted. Why are you getting angry…why are you getting agitated. Nobody is an original Christian”.

The bench asked as to what the resolution and the body has been in the morgue since January 7.The petitioner challenged the High Court order of January 9 rejecting his plea to bury his father, who was a Christian pastor, in the village graveyard.