MUHAMMAD AKRAM vs ADDITIONAL SESSIONS JUDGE, DEPALPUR and 3 others
This constitutional petition challenges the orders of the Additional Sessions Judge and the Magistrate, which had authorized the exhumation of the deceased, Mst. Allah Maafi, for a post-mortem examination. The core legal question was whether the exhumation of a deceased person should be ordered against the express wishes of the surviving husband, who is the primary legal heir, particularly when the request for exhumation appears motivated by ulterior motives such as blackmail. The Lahore High Court held that the orders for exhumation were unsustainable. The Court emphasized that the legal heirs of a deceased person are the trustees of the grave and are responsible for maintaining the respect and dignity of the dead body. Finding that the husband, as the primary heir, opposed the exhumation to prevent humiliation and disrespect to the deceased, and noting that the respondents' request was likely intended to harass the petitioner, the Court allowed the writ petition and recalled the impugned orders of the lower courts, thereby preventing the exhumation.
- Can a court order the exhumation of a body for post-mortem examination when the primary legal heir strongly opposes it?
- Are legal heirs considered trustees of the grave and responsible for the dignity of the deceased's body?
- Does a court have the authority to set aside an exhumation order if the request is found to be motivated by ulterior motives like blackmail?
ORDER
' MAZHAR IQBAL SIDHU, J.---Muhammad Akram has assailed the order of learned Additional Sessions Judge, Depalpur, dated 4-10-2012 whereby revision petition filed by the petitioner was dismissed against the order delivered by learned Magistrate on 28-9-2012.
2. Sententiously, facts compelling the institution of this writ petition are that Mst. Allah Maafi wife of Muhammad Amin died allegedly in suspicious circumstances; she was spiritualed and after sometime, Nasir Ali respondent made an application for her exhumation to post mortem examination to ascertain about the cause of death. The application, was allowed. Then the same order was called in question through the revision petition, the same was also dismissed; hence the instant application.
3. Arguments have been heard. Record has also been perused with legal eyes.
4. Muhammad Amin, the crest fallen husband of the deceased is also present before the Court and states that he does not want to get exhumation of the dead body of the deceased and he being the sole owner of the deceased, as being father of a kid from her, does not want to humiliate and disrespect the dead body of the deceased. It has also been A observed that the respondents who have been making efforts for the exhumation of the dead body are, in fact, intending to blackmail Muhammad Amin and others. Of course, legal heirs of the deceased are the trustees of her grave to keep it maintained, not only the grave but respect and dignity of the dead body.
5. For what has been discussed above, the instant writ petition is allowed and the orders passed by the learned Magistrate as well as Additional Sessions Judge are hereby recalled,
Cited by 7 cases
- Sajid Ali vs The State and 5 others 2022 PLD Lahore 55
- Mst. Iqra Faisal and 5 others vs Zubair Khan and 7 others 2021 PLD Sindh 118
- ANWAR HUSSAIN Versus IXTH ADDITIONAL SESSIONS JUDGE, DISTRICT WEST 2022 YLRN 188
- Mst. SHAMA vs STATE & 3 others PLJ 2017 Cr.C. (Lahore) 386
- Mst. SHAMA vs The STATE and 3 others PLJ 2017 Cr.C. (Lahore) 386, 2017 PLD Lahore 337
- SAJID MEHMOOD vs ADDITIONAL SESSIONS JUDGE, RAHIM YAR KHAN, ETC.s 2015 C.L.R. 558, 2015 LHC 414, 2015 PLJ Lahore 915, 2015 NLR Criminal 332
- SAJID MEHMOOD vs ADDITIONAL SESSIONS JUDGE, RAHIM YAR KHAN, etc. 2015 PLJ Lahore 915