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A Legal Heir has the right to seek Justice and clarity when doubts arise about the cause of a loved one’s death, even if it requires the Exhumation of a Grave --- Lahore High Court, Lahore

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A Legal Heir has the right to seek Justice and clarity when doubts arise about the cause of a loved one’s death, even if it requires the Exhumation of a Grave --- Lahore High Court, Lahore

Islamabad 12-10-2024: The Lahore High Court, Rawalpindi Bench, has dismissed a petition challenging the exhumation of the body of Mst. Maryam Zareen, in a case filed by her brother, Adil Hussain, who suspects foul play in her death. The case, Muhammad Zareen Vs. Learned Addl. Sessions Judge, etc. (Crl. Misc. No. 3303-M of 2024), involved the petitioner’s request to set aside the lower Courts’ decisions that permitted the exhumation of the deceased’s body for post-mortem examination.

Muhammad Zareen, the husband of the deceased, filed a petition under Section 561-A of the CrPC challenging the orders of the Senior Civil Judge (Criminal Division) dated 27.05.2024 and the Additional District Judge, Jhelum, dated 27.09.2024. Both Courts had ruled in favor of Adil Hussain’s application seeking the exhumation of his sister’s body. Hussain had raised concerns about the suspicious circumstances surrounding his sister’s death, suspecting that she may have been poisoned by the petitioner, her husband.

Mr. Justice Shakil Ahmad, presiding over the case, dismissed the petition, holding that the legal heir has the right to seek the removal of any suspicions regarding the cause of death. The judgment cited the precedent set in “Ameer Afzal Baig Vs. Ahsan Ullah Baig and others” (2006 SCMR 1468), which affirms that exhumation and post-mortem are necessary steps when there is a legitimate doubt about the cause of death.

The Court rejected the argument made by the petitioner’s counsel that the exhumation would violate the sanctity of the grave, stating that the protection of life is a fundamental right that takes precedence over concerns about disturbing the dead. “Life is a sacred right of human beings, and if violated, the law must act to uncover the truth,” the judgment noted.

The petitioner’s counsel was unable to demonstrate any jurisdictional errors or legal violations in the lower Courts’ rulings. The Court found that both the Senior Civil Judge and the Additional District Judge had acted within their jurisdiction and followed proper legal procedure in allowing the exhumation to proceed.

The petition was dismissed in limine, meaning it was rejected without proceeding to a full hearing due to the lack of substantive legal issues. The Court found that the petition was “devoid of any force” and ruled that no interference with the lower Courts’ decisions was warranted.

The ruling underscores the importance of post-mortem examinations in uncovering the truth in suspicious deaths. The decision also reinforces the principle that a legal heir has the right to seek justice and clarity when doubts arise about the cause of a loved one’s death, even if it requires the exhumation of a grave.

This case highlights the balance between the sanctity of life and the sanctity of the grave, with the Court affirming that the pursuit of justice can justify the exhumation of a body when necessary.

The Court’s decision brings the case of Maryam Zareen closer to resolution, as a post-mortem examination will now be conducted to determine the exact cause of her death.