Pakistan Christian Post Is Your Voice Since 2001

Letter To Editor

Why family of Afzal Guru not moving J&K High Court for taking his body from Government ?

Hem Raj Jain

Dear SirrnI am surprised to see the hullabaloo in J&K (and in some places in India) and in Pakistan (even through resolution of its National Assembly) about dead body of hanged Afzal Guru, especially when the family of Afzal Guru can easily get it from the Government by moving writ petition in High Court of J&K [under Article 13, 19 (1) (a) (b) (c), 25(1) and 226 (2) of the Constitution and if necessary then through Article 32 of Constitution in Supreme Court of India (SCI)] in view of given below:-rn(1)- The last rites of the dead body of Afzal Guru is the fundamental right of religion enshrined in Article 25 (i) of the Constitution and it can't be violated by any constitutional authority of India. Even if the Jail Manual says otherwise it does not matter because no law (statute) can over-ride the constitutional provisions regarding fundamental rights and such laws (statute), if any, are null and void under Article 13 of the Constitution.rn(2)- Similarly the fear of demonstrations, assembly etc in J&K in view of burial of Afzal's body in J&K can also not be a ground to deny dead body of Afzal to his family in view of Article 19 (1) (a) (b) (c) of the Constitution which allows such assembly, demonstration etc as a fundamental right [maximum Government / Court can ask the family to bury the body of Afzal in presence of only family members, religious leader for burial, close friends etc].rn(3)- This writ petition can be filed in High Court of J&K in view of Article 226 (2) which states that - "The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories".rn(4)- If for argument sake the High Court does not give the relief then the family of Afzal can moves SCI under Article 32 (which itself is a fundamental right) to enforce the fundamental rights of the citizens.rnIt is hoped that the family of Afzal Guru will move J&K High Court without any further delay if they are really serious (not merely about creating hullabaloo in J&K and in Pakistan) but about giving last rites and burial to Afzal, as per the practices of his religion Islam rnYours truly,rnHem Raj Jain rnBengaluru, India.