Madras HC Grants Undertrial's Request for Special Sunday Sitting to Attend Father's Last Rites, Citing Religious Obligations

Madras HC Grants Undertrial's Request for Special Sunday Sitting to Attend Father's Last Rites, Citing Religious Obligations

On Sunday, February 11, the Madras High Court convened a special session to accommodate an undertrial involved in an NDPS case, enabling him to participate in his father's final rites. The court recognized the individual's religious identity as a Hindu and acknowledged his duty as the eldest son to fulfill specific religious responsibilities.

Justice GR Swaminathan of the Madurai bench of the Madras High Court emphasized the significance of religious customs in the case, stating that the Court must "necessarily give due regard" to them. Consequently, the judge directed the Madurai Central Prison authorities and local police to ensure that petitioner S Gurumoorthi was taken out of prison on Sunday to perform the last rites and returned safely on Monday morning.

The Court determined that, due to Gurumoorthi's possession of a commercial quantity of Ganja at the time of arrest, he was not eligible for bail or interim bail under Section 37 of the NDPS Act.

However, acknowledging the exceptional circumstances, the Court stated its obligation to utilize its inherent powers under Section 482 of the Criminal Procedure Code (CrPC), as per the judge's remarks.

Justice Swaminathan further emphasized that even a deceased individual possesses the right to a dignified burial or cremation, highlighting the Court's responsibility to uphold this principle.

Gurumoorthi was arrested and subsequently remanded to judicial custody in June of the previous year following an alleged discovery of 24 kilograms of Ganja in his possession. During his bail application, the prosecution opposed his release, citing Gurumoorthi's two prior cases and expressing concerns about the likelihood of him committing another offense if granted bail.

Advocate SS Sundarapandian represented Gurumoorthi, while Government Counsel (Criminal Side) P Kottaichamy appeared on behalf of the respondent State government.

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