The bench led by CJ Gangapurwala noted that the division bench in P Muthusamy’s case did not specifically refer to Rules 5 and 4 of the 1999 Rules, even though it has extensively discussed and interpreted Rule 7 of the said Rules. As such, the Court opined that the interpretation in P Muthusamy’s case required reconsideration.
The Court further observed that in light of the above contrary opinions, the issue should be referred to a larger bench.
The question referred to the larger bench was framed as follows:
“Whether, under the Rules of 1999, the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village?”
Source: Barandbench
