| Case ID |
1b01e4a8-673b-4655-aff8-e39d72b61c9f |
| Body |
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| Case Number |
Crl. Misc. No. 483-M of 2016 |
| Decision Date |
Nov 15, 2016 |
| Hearing Date |
Nov 15, 2016 |
| Decision |
The court disallowed the criminal miscellaneous application, affirming the decision of the learned Additional Sessions Judge which reversed the Magistrate's order declining the request for exhumation of the deceased. The court emphasized the importance of investigating potential unnatural deaths, particularly in the context of familial relationships and allegations of foul play. It was determined that the absence of a formal First Information Report does not impede the investigation into suspicious deaths, and that any person can initiate legal proceedings to ensure justice is served. The court highlighted the divine right to life and the state's responsibility to investigate homicides thoroughly. |
| Summary |
In the case of Crl. Misc. No. 483-M of 2016, the High Court addressed the crucial issue of exhumation of a deceased child's body to investigate potential foul play. The petitioner, Shama, sought justice for her daughter Husna Bibi, who died under suspicious circumstances. The court underscored the necessity of forensic examination to uncover the truth behind alleged unnatural deaths, particularly when familial relationships are involved. The ruling reinforced that the state holds the primary responsibility for prosecuting crimes, and the lack of a formal First Information Report does not prevent the initiation of investigations in cases of suspicious deaths. This case highlights the balance between respecting the sanctity of the deceased and the imperative for justice, establishing important precedents for future cases involving similar circumstances. Keywords: exhumation, suspicious death, forensic examination, legal responsibility, justice. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Amin Ahmed
|
| Lawyers |
Mr. Tariq Mehmood Dogar,
Mehr Nazar Abbas Chawan,
Mirza Abid Majeed,
Rana Umer Daraz
|
| Petitioners |
Mst. Shama
|
| Respondents |
3 others,
State
|
| Citations |
2017 SLD 1191,
2017 PLJ 386
|
| Other Citations |
1987 SCMR 272,
2015 YLR 2230,
2014 PCr.L.J 1030
|
| Laws Involved |
Criminal Procedure Code, 1898
|
| Sections |
176(3)
|