The Kerala High Court on Wednesday refused to stay exhumation of Gopan Swami's body. His family claimed that the former headload worker reached the pinnacle of spirituality and attained 'Samadhi' on January 9.

While Swami's family members submitted that they have a fundamental right to freedom of religion and to bury his body as per their own practices, the court, however, orally enquired about the cause of his death and stated that the police have the right to register an FIR and investigate if a cognizable offence is made out, Live Law reported.

“Produce the death certificate and I will accept your contention…Why are you apprehensive? What is your problem?...You tell me how did he die…where is death registered? Immediately death has to be registered...” Justice CS Dias orally enquired.

Exhumation efforts were halted on Monday due to protests by the family and escalating tensions in the area. Despite discussions involving the sub-collector and the police, the family refused to cooperate. 

Swami's son Sanandhan claimed his 78-year-old father passed away on Saturday morning. He and his brother, Rajasenan, performed the last rites near their home and constructed a burial site there. However, a neighbour filed a complaint stating that Swami had gone missing, prompting the police to register a case and seek the collector’s permission to exhume the body.

The judge said that the police, as per Section 194 of the BNSS, have the right to investigate when the death occurred under suspicious circumstances, giving reasonable suspicion of homicide. The matter has been posted for next week.