-Order of exhumation, must be based on detailed reasoning, logic and fairness

2017 P Cr. L J 694
[Peshawar]
Before Assadullah Khan Chamkani, J
YAR MUHAMMAD—Petitioner
Versus
The STATE—Respondent

Petitioner, who was father of the deceased, had sought quashing of order passed by the Judicial Magistrate, ordering exhumation of dead body of the deceased for postmortem examination—
Deceased/daughter of the petitioner met unnatural death, but her legal heirs, did not lodge any report before the Police, as according to them, the deceased committed suicide and she was buried—Judicial Magistrate, on application of the Police, ordered exhumation of dead body of the deceased- –Investigating Officer, had not collected any evidence to show the death of the deceased to be a murder by someone by administering poison to her— Legal heirs of the deceased, did not suspect any person, for murder of the deceased—All the legal heirs of the deceased, were unanimous qua suicide of the deceased—Petitioner, being father of the deceased, was the trustee of the grave of her deceased daughter to keep it maintained, not only the grave, but respect and dignity of the dead body also—Islam accorded great respect to the dead body of a Muslim—Exhumation, without any justification, was a sin in Islam—Order of exhumation, must be based on detailed reasoning, logic and fairness— No such reason was available to justify the exhumation of the dead body—Both courts below had landed in the field of error and reached to a wrong conclusion—Impugned orders were quashed, in circumstances—Application filed by the Police for exhumation of dead body of the deceased, stood dismissed, in circumstances.

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