Mst. SURI vs HOME SECRETARY DISTRICT GILGITand 6 others
This petition was filed by Mst. Soori under Section 561-A of the Code of Criminal Procedure 1898, seeking the exhumation and disinterment of a dead body buried in village Thak, District Diamer. The petitioner alleged that the body, claimed by Islamabad police to be her missing son, Muhammad Mustafa, was not her son and that the police had acted in collusion with her enemies. Conversely, the missing person's brother asserted that the body was indeed his brother. The core legal question was whether the court could order the exhumation of a body for DNA testing to resolve a dispute regarding the identity of a deceased person in the interest of justice. The court held that, given the consent of the investigating officer and the necessity to determine the truth, the exhumation was warranted. Consequently, the court directed the District Magistrate/Deputy Commissioner of Diamer to conduct the disinterment, collect DNA samples from the body and the surviving relatives, and submit the results to a recognized laboratory for forensic identification.
- Can a court exercise its inherent powers under Section 561-A of the Code of Criminal Procedure 1898 to order the exhumation of a body for DNA testing?
- Is the consent of the investigating officer a relevant factor in ordering the disinterment of a body for forensic identification?
- Section 561-A, Code of Criminal Procedure 1898
1. MUZAFFAR ALI, J.---Muhammad Mustafa, son of the petitioner Mst. Soori resident of Thak District Diamer was missing since 2002 and was not traceable. On 8-4-2011 a dead body was brought from Islamabad to village Thak by the Islamabad police and was buried calling the same to be the dead body of Muhammad Mustafa, the missing son of the petitioner.
2. It was in this back ground that the present petitioner filed the instant application under section 561- A, Cr.P.C. For disinterment/ exhumation of alleged dead body of Muhammad Mustafa with the contention that the dead body is not of her son Muhammad Mustafa and an unknown dead body has been brought from Islatnabad by the Islamabad police in collusion with her enemy and dead body was neither shown to her nor to any noteable of the area.
3. A young man namely Zahid appeared along with Counsel Mr. Amjad Hussain Advocate and though the young man was not party to the application but the Court allowed him to address the Court through his Counsel as admittedly the young man is real brother of the missing Muhammad -Mustafa and real son of the present petitioner. His Counsel Mr. Amjad Hussain Advocate urged that the dead body buried at Thak Village Diamer District is of his missing brother Muhammad Mustafa as he has identified the same while it was buried.
4. Since the dead body was found in Islamabad and F.I.R.No.453 was lodged in Islamabad as such the Islamabad Police was necessary party to include in the petition, hence I arrayed Muhammad Idrees S.-I. Police Station Tarnol Islamabad the 1.0. As respondent No. 6 and Muhmmad Ijaz S.H.O.
5. Police Station Tarnol as respondent No. 7 and issued notice to said respondents to attend the Court through I.G.P. Islamabad. The 1.0. Muhammad Idrees respondent No. 6 appeared before the Court today and submitted his undertaking on the subject that he has no objection and he is ready to accept D.N.A. Test received after disinterment of the dead body if conducted by the District Magistrate/D.C. Daimer and D.H.O. District H.Q Hospital Diamer along with the expetts in presence of relevant parties.
6. In the above circumstance, I hereby direct District Magistrate/ D.C. Diamer to conduct the exhumation/disinterment of dead body alleged to be of Muhammad Mustafa son of Mst. Soori, the petitioner buried at village Thak in Diamer District and take sample of the dead body for D.N.A test through D.H.O. And other experts Doctors and also to take samples of mother and brother of the deceased person for making the determination, specifically whether the dead. Body is of Muhammad Mustafa or not fixing appropriate date and to send the same sample to a recognized laboratory and after getting the report, a copy of the report be sent to the concerned Police Islamabad through I.G.P. Office and copy to this Court.