Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.174 & 176---Constitution of Pakistan, Art. 199--- Constitutional petition---Disinterment--- Scope--- Petitioner's application for disinterment of the body of his aunt was dismissed---Validity---Deceased lady had been living with respondents (accused) without any complaint of maltreatment on the part of respondents---No FIR alleging the murder of deceased was registered at the time of her death---Neither any suspicion of unnatural death was raised nor any medico-legal report of deceased was available on record---In view of provisions of Ss.174 & 176, Cr.P.C. Police could proceed only after registration of case to collect evidence of crime---Without registration of criminal case, acts (done) in pursuance of Ss.174 and 176 of Criminal Procedure Code, 1898 were nothing but an academic exercise---One year had passed since death of deceased, alleged marks on the body of deceased would not be detected due to decomposition---Disinterment would be disrespect to deceased lady---Causing injury to Momin men and women without any justification was a great sin---Causing fracture to a dead person had the same effect as causing fracture to a living person---Islam accorded great respect to the dead body of a Muslim---Disinterment without justification was a sin in Islam---Order of exhumation must be based on detailed reasoning, logic and fairness to further the cause of justice---Findings of courts below did not warrant interference exercising constitutional jurisdiction---Petition was dismissed. Zafar Iqbal alias Kaka v. Additional Sessions Judge and 3 others 2006 PCr.LJ 736; Surah Azhab Ayat No.58; Hadith No.1431 in Sunan Abu-Dawood Sharif, Hazrat Ayesha R.A.; Selection of Islamic Laws issues Nos.290 and 291 and Verdicts of His Eminence Ayatul-Lah Al-U'dhma Serial Nos.647 to 650 rel. ORDER IBAD-UR-REHMAN LODHI, J.---Through this Constitutional Petition, the petitioner has challenged the findings contained in two orders, first passed by a learned Magistrate, Rawalpindi, when he proceeded to dismiss the application, moved under the provisions of section 176(2), Cr.P.C., for disinterment of the grave and exhumation of the…

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