| Case ID |
f5ad2c05-ee30-4006-8ab7-6c4aa737fe11 |
| Body |
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| Case Number |
Writ Petition No. 1876 of 2013 |
| Decision Date |
Apr 11, 2014 |
| Hearing Date |
|
| Decision |
The petitioner's application for the disinterment of the body of his aunt was dismissed by the Lahore High Court. The court found that the deceased lady had been living with the respondents without any complaints of maltreatment. There was no FIR alleging murder at the time of her death, and no medico-legal report was available. The court emphasized that disinterment should be based on substantial reasoning and fairness, and that mere suspicion or the passage of time since death does not justify exhumation. The court ruled that the findings of the lower courts were just and did not warrant interference, thus dismissing the petition. |
| Summary |
In the case of Writ Petition No. 1876 of 2013, decided by the Lahore High Court, the petitioner, Ghulam Mustafa, sought the disinterment of his aunt's body, claiming suspicion of unnatural death due to alleged bluish marks found on her body. The court ruled against the petition, citing a lack of evidence, the absence of a murder complaint, and the respect accorded to deceased bodies in Islam. The court highlighted that disinterment without justifiable cause is considered a sin, and the petitioner's motives appeared to be tied to land ownership disputes. The decision reinforced the legal principles surrounding exhumation, emphasizing that it must be approached with caution and dignity, aligning with Islamic teachings. The ruling reflects an understanding of both legal and religious contexts in matters of death and burial, ensuring that the sanctity of the deceased is respected. This case underscores the critical importance of maintaining legal integrity and ethical considerations in sensitive matters involving death. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IBAD-UR-REHMAN LODHI, J
|
| Lawyers |
Malik Waheed Anjum for Petitioner,
Khurshid Ahmad Satti, Assistant Advocate-General,
Sardar Sohail Asmat Ullah for Respondents
|
| Petitioners |
GHULAM MUSTAFA
|
| Respondents |
The STATE,
5 others
|
| Citations |
2015 SLD 2263 = 2015 YLR 2230
|
| Other Citations |
Zafar Iqbal alias Kaka v. Additional Sessions Judge and 3 others 2006 PCr.LJ 736
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
174,
176,
199
|