The Kerala High Court on Wednesday, January 15 observed that the police had a right to file a case and proceed with investigation over the disappearance of retired headload worker Gopan Swami, whose samadhi (resting place) has caused a huge controversy in the state. The family on Tuesday moved the high court against the district collector’s order to open the samadhi so as to enquire whether the body has been buried, and if so, go ahead with exhumation.
Hearing the petition on Wednesday, Justice CS Dias questioned the family why they have not obtained a death certificate. “Why are you apprehensive about producing the death certificate? Where is the death registered, tell me how he died. Immediately, the death has to be registered. The police have the right to investigate in cases where a death occurs under suspicious circumstances, giving reasonable suspicion of homicide,” the court said.
In the petition, Gopan's family had stated that they have a fundamental right to freedom of religion and to bury his body as per their own practises.
Gopan Swami, a resident in Thiruvananthapuram, was reported missing by his neighbours on January 9. During the investigation, the family claimed that Gopan attained samadhi’ and his family buried him. The family also built a memorial at the place where he attained samadhi. When the media asked the family whether they confirmed the death with a doctor Gopan’s wife Sulochana, she said it is not the doctor but the Kailasanathan (lord Shiva) who decides the death.
Later, on Monday, January 13, police arrived to exhume the body and the family stopped the police and said they would never allow the police to touch his memorial. The family members told the media that it was Gopan’s decision to attain samadhi and he kept talking about his samadhi a few days before the incident. They also said that it is a matter of belief and religion.