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| HC stays order regarding cremation at Cremation Shed only at Purmandal | | | EARLY TIMRES REPORT
Jammu, Jan 13: Responding to a petition filed by the 26 petitioners residents of seeking quashment of the order No. DCJ/SQ/2003-04/1399-1405 dated September 10, 2003of the District Magistrate (Dy Commissioner) Jammu restricting cremation of dead bodies shall take place only at cremation shed only, the Vacation Judge of J&K High Court Jammu Wing Justice Muzaffar Hussain Attar today stayed the impugned order and issued notice to show cause as to why rule Nisi is made absolute and subject to objection and till the next date of hearing operation of impugned order shall stayed.
Court had observed while deciding the PIL that the time of the Order passed under Section 144 had expired and writ was not maintainable. And further that the order of 2003 was not challenged and present writ was filed and challenged the order of 2003 passed by District Magistrate Jammu.
Earlier in the petition submitted by the petitioners submitted they are concerned about the age old religious and customary practice of cremating human dead bodies in Holy River Devak at Purmandal in front of Shiva-Basma Dant temple.
This practice has been going on since times immemorial and further submitted that the District Magistrate Samba passed Order no.DMS/Misc/960-63 dated January 20, 2011 under Section 144 CrPC prohibiting cremations in River Bed of Devak in vicinity of Shiva Temple at Purmandal.
After filing representation April 10, 2011 to District Magistrate, this Order was challenged through PIL.
The people in general formed 21 member Committee to fight in protection of their right of performing cremation at Purmandal.
In reply to the PIL, theState submitted a copy of the Order No. DCJ/SQ/2003-04/1399-1405 passed by the District Magistrate under Section 133 Cr.P.C. read with Section 10 of the Village Sanitation Act 1990-1993 AD whereby it has been ordered in general " cremation of dead bodies shall take place only at cremation shed constructed for the purpose by the J&K Housing Board down stream near Bus Stand Purmandal with immediate effect and any violation of the prohibitory orders shall be dealt with strictly under law". (JNF) |
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