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The Legal Heirs have the right to seek Exhumation to remove any doubts about the Cause of Death --- Lahore High Court, Lahore

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The Legal Heirs have the right to seek Exhumation to remove any doubts about the Cause of Death --- Lahore High Court, Lahore

Islamabad 19-10-2024: The Lahore High Court, Rawalpindi Bench, dismissed a petition filed by Muhammad Zareen, challenging the exhumation of the body of his deceased wife, Mst. Maryam Zareen, in response to a request made by the deceased’s brother, Adil Hussain. The case, [Crl. Misc. No. 3303-M of 2024], involved a petition under Section 561-A of the Criminal Procedure Code (Cr.PC) to impugn the orders passed by the Senior Civil Judge (Criminal Division), Jhelum, and the Additional District Judge, Jhelum, in May and September 2024, respectively.

The legal battle began when Adil Hussain, the real brother of Mst. Maryam Zareen, raised concerns about the circumstances surrounding his sister’s death, suspecting that she may have been poisoned. He filed an application seeking the exhumation of her body to conduct a post-mortem examination and uncover the true cause of her death.

Despite objections from Muhammad Zareen, the petitioner, the lower Courts accepted Hussain’s application and ordered the exhumation of the body. In response, Zareen filed a petition under Section 561-A Cr.PC, challenging the decisions of the lower Courts, arguing that the exhumation would violate the dignity and sanctity of the deceased’s grave.

The Lahore High Court, presided by Mr. Justice Shakil Ahmad, examined the matter and upheld the decisions of the lower Courts, dismissing Zareen’s petition. In its judgment, the Court emphasized the right of legal heirs to investigate suspicious deaths, particularly when foul play is suspected. Mr. Justice Shakil Ahmad cited the precedent set in “Ameer Afzal Baig Vs. Ahsan Ullah Baig and others” (2006 SCMR 1468), which confirms that legal heirs have the right to seek exhumation to remove any doubts about the cause of death.

The Court further noted that exhumation and post-mortem examinations are essential tools in ensuring justice and determining whether a death was natural or unnatural. While acknowledging the petitioner’s concerns about violating the dignity of the grave, the Court maintained that the right to life and justice outweighs such concerns, particularly when there is a legitimate suspicion of foul play.

The judgment reiterated that Section 561-A Cr.PC provides inherent powers to the Court to prevent the abuse of process and secure the ends of justice. In this case, the Court found no illegality or jurisdictional defect in the orders of the lower Courts. The petitioner’s counsel was unable to demonstrate any substantial grounds to warrant interference with the lower Courts’ decisions.

The Court concluded that the exhumation of the body is necessary to determine the real cause of Mst. Maryam Zareen’s death and that the petitioner’s objections were not sufficient to halt the process.

The Lahore High Court’s decision underscores the importance of exhumation in cases where the cause of death is in doubt, reaffirming the rights of legal heirs to seek justice. The petition was dismissed in limine, with the Court ruling that there were no grounds for further hearing.