Application for disinterment of dead body was allowed

Application for disinterment of dead body was allowed (Mujjan Ali Panhwar )

----Ss. 174 & 176---Application for disinterment of dead body---Scope of Ss.174 & 176, Cr.P.C.--- Petitioner/sister of the deceased, submitted application, seeking disinterment of dead body of her deceased brother, on the ground that; her brother did not die natural death, but was murdered by giving poison; and after strangulation by respondents on the instigation of other respondents---Said application was dismissed by the courts below---Validity---Question of exhumation, had to be decided only keeping in view the circumstances relevant to cl.(1) or (b), or (c) of subsection (1) of S.174, Cr.P.C.; there should either be an indication that the information related to the commission of suicide or regarding the killing of a person by another person; or by an animal; or by machinery; or by an accident---Other aspect relevant for disinterment, was the existence of the circumstances raising a reasonable suspicion; that some other persons, had committed an offence in relation to the death of the deceased, required to be disinterred---Petitioner, being the real sister of the deceased, had all the genuine cause to dispel the suspicion of unnatural death of her deceased brother---Scope and intent of S.176, Cr.P.C., was to discover the actual cause of death of the deceased---Subsection (1) of S.176, Cr.P.C., made provision for conducting an inquiry into the cause of death, either instead of or in addition to the investigation held by the Police, if the case was covered by S.174, Cr.P.C.---Even the registration of the FIR, was not an impediment for holding an inquiry into the case of death of deceased under S.176, Cr.P.C.---In the wake of a specific allegation and apprehension of unnatural death of the deceased, the requirements of Ss.174 & 176, Cr.P.C., could not be ignored---Sister of the deceased had a right to know the actual cause of death of her deceased brother, so that her apprehension was laid to rest once and for all---Exhumation of dead body, could be ordered on the request of, or on the information, even a stranger for the purpose to know the actual cause of death, so that criminal machinery, be set in motion---Petitioner, was justified in asking for exhumation of the dead body of the deceased to know the cause of death---Exercise of constitutional jurisdiction being an equitable relief, High Court could validly look into the matter for the ends of justice---High Court setting aside concurrent orders of the courts below, directed Judicial Magistrate to manage for the disinterment of the body of the deceased for the purpose of ascertainment of cause of death.

P L D 2016 Lahore 518
Before Sikandar Zulqarnain Saleem, J

Mst. FOZIA SHABNAM---Petitioner
Versus
ADDITIONAL SESSIONS JUDGE, MULTAN and 8 others---Respondents