4296/2024 Const. P. Nazeer Ahmed (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 31-OCT-24
To apply for exhumation of the dead body under Section 176(2) of the Code a Magistrate's satisfaction that exhumation is necessary to determine the cause of death. This discretion should be exercised cautiously, even if the request comes from a stranger, as long as reasonable circumstances or suspicion exists. The purpose is to initiate criminal proceedings if necessary. Close relatives may be involved in homicides, so their objections alone should not be a barrier to disinterment if other circumstances warrant it. The case of Muhammad Ramzan and others v. The State and another (1987 SCMR 272) supports disinterment even after a year to determine the cause of death. 8. Primarily, the father has the right to know his loved one's true cause of death. As the Supreme Court upheld in Ameer Afzal Baig v. Ahsan Ullah Baig, disinterment orders based on suspicion are valid. Even after burial, the right to investigate the cause of death exists. The law allows such requests, even from strangers to ensure proper investigation and to satisfy concerns about potential foul play.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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