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As against this, learned counsel for the Sansthan and the State have offered arguments, representative of their respective stands, convergent in nature.

Shri Dwivedi, learned counsel for the Sansthan has argued that followers of Ashutosh Ji Maharaj firmly believe that their spiritual Guru is in Samadhi and is likely to return once his spiritual mission is over and thus, conservation of his body is of an immense importance to them. Resisting the claim of Dalip Kumar Jha, they have pleaded that nobody including his son (assuming him to be so) can claim right to his body for it is not a property. It has further been argued that their belief cannot be questioned as they would be protected by Articles 25 and 26 of the Constitution of India and the courts cannot answer the issues which involve interpretation of their faith much less give directions of the kind given by the learned Single Judge. Arguments have also been advanced to cite the examples of holy men taking Samadhi and offering symptoms of being clinically dead in that period. Likewise, instances from the history, of bodies being preserved have also been offered as a justification. They have also fallen back on the science of cryonics to contend that preservation of bodies in the hope of 9 of 42 infusing life in them at some future point of time in terms of 'scientific belief' is not unknown and there would hence be no reason for the Court to give directions destructive of such a belief.

Before we even venture to say anything in this regard, it would be just and fair to the Sansthan to notice what is understood by Samadhi.

Samadhi as a concept is not alien to the Indian society having formed a part of many a folk-lore and mythology. It finds vociferous practitioners amongst 31 of 42 the Yogis and the ascetics. It is known to be the "Final Initiation" also termed as 'ascension' where the practitioner abandons the physical body to achieve an elevated stage. It is supposed to result in complete detachment of oneself from the physical realm of existence. There would be examples where even practitioners of Yoga would offer this state albeit for a limited period and while being in Samadhi would offer no symptoms that the medical practitioner acknowledge as essential to life.

The Court does not wish to be seen as an advocate or an adherent to the concept of Samadhi to propagate its acceptability. Suffice it to say that the concept and belief of Samadhi in fact, does form an essential part of mythology and religion around which a large part of Hindu/Indian philosophy revolves. One cannot therefore, accuse the Sansthan of harboring or practising a belief which is shockingly deviant from the generally accepted societal beliefs or as seemingly absurd to a rational mind.

The learned Single Judge proceeded to give directions on the presumption that the practice of Samadhi does not form the core of their belief or religious practice. His reasoning stems from this understanding while what is core to the Sansthan and its followers is the word of their Guru which they consider infallible and thus, it is not their belief in concept of Samadhi that has to be tested on the touchstone of inherentness but their faith in their Guru's words and 32 of 42 teachings which are integral to their belief and if he has proclaimed himself to be in Samadhi, his followers cannot be faulted for believing it. Their belief stems from their unshakeable and unimpeachable faith in their Guru which is foundational to the Sansthan and the followers. The outside world in turn would never learn about the truth of Maharaj's proclamation of being in Samadhi unless someone from the Sansthan vomits truth to the contrary.