Late Businessman’s Final Wishes on Burial vs. Cremation to be Decided by Court
The family dispute over the burial or cremation of late businessman Dinesh Schaffter has taken a new turn, as the case is set to be decided in court. The President’s Counsel representing the aggrieved family members informed the Colombo Additional Magistrate that the final wishes of the deceased were to be cremated following his death.
Anuja Premaratne, the President’s Counsel, stated that if the court orders the remains to be buried after the postmortem, the family intends to bury the remains in a land plot in the Jawatta area. However, he further added that the request for cremation could be decided by considering the opinion of the five-member expert medical panel.
The hearing witnessed another development, as the counsel representing Chandra Schaffter, the late businessman’s father, stated that his client’s stance regarding burial and cremation would be communicated to the court on the next hearing date.
Responding to the situation, the court directed the expert medical panel to explore the possibility of allowing cremation if it is not required for further investigation. The panel, comprised of five medical experts, including Professor Asela Mendis as the chairman, is currently preparing the final report of a fresh postmortem inquiry into the death of Dinesh Schaffter.
In February, the court appointed the panel to determine whether the businessman’s death was a murder or suicide. The panel’s task is to conduct a comprehensive inquiry to establish the actual cause of his demise. The body of Dinesh Schaffter was recently exhumed before the panel, adding another layer to the investigation.
The next magisterial inquiry is scheduled for October 16, where the court will evaluate the final report presented by the medical panel. Until then, the final decision on burial versus cremation will remain uncertain.
This legal battle not only reflects the personal preferences of the deceased but also raises important questions about autonomy and the rights of family members to honor the last wishes of their loved ones. As the case progresses, both the arguments for burial and cremation will be thoroughly examined, taking into consideration the expert medical opinion and the family’s intentions.
The court’s decision will play a crucial role in this matter, setting a precedential guideline for similar disputes in the future. As the public awaits the final verdict, it remains to be seen how the court will navigate the delicate balance between legal requirements and the deceased individual’s final wishes.
