In a statement Kashyap said, “As eldest son, it is my sacred duty (indeed privilege) to act as ‘chief mourner' and perform the requisite ritual to ensure my father receives a ‘good death' according to our shared religious beliefs.
“The Chief Mourner (eldest son) alone must perform the requisite last rites necessary for the deceased's soul to be liberated and ultimately reincarnated. Without full and proper performance of the last rites, my father's soul cannot be liberated from his body or find peace.
“If I am handcuffed in my role as chief mourner, I will consider that an extremely bad omen and that I am not enabling a ‘good death' for my father. His spirit will continue its journey encumbered as a result of being sent off by my own shackled hands,” he said.
The case, believed to be the first of its kind, is expected to have wide-reaching repercussions on similar cases across the UK.
The prisoner's legal team had argued that the decision of the prison was incompatible with the European Convention on Human Rights.
“This is a case of considerable importance and as far as I am aware is the first time the court has had to deal with this issue,” said barrister Tony Vijay Muman.
