' SARDAR MUHAMMAD RAZA KHAN, J.--- Ameer Afzal Baig has challenged the order, dated 17-7-2003 of Lahore High Court and leave is sought there against.
2. One Muhammad Anayat Baig, the father of Ahsan Ullah Baig respondent died on 17-3-2002. The son nourished suspicion that Karam Fatima, the wife of the deceased had killed him by administering poison for a given motive. On 17-12-2002, he filed an application to the Judicial Magistrate for exhumation and thereafter post-mortem examination of the dead body. The Special Judicial Magistrate on 22-1-2003 after making some preliminary inquiry ordered the exhumation prayed for. Before that the order could be implemented, the Magistrate himself suspended the same on 25-1-2003. On account of a transfer application the matter came before another Judicial Magistrate who, on 3-4-2003 declined exhumation. This order was challenged in revision, heard by a learned Additional Sessions Judge who accepted the same and restored the order, dated 22-1- 2003 of exhumation. The petitioner filed a writ petition which was dismissed by a learned Single Judge of Lahore High Court on 17;7-2003 and hence this petition.
3. We have gone through the detailed reasoning given in the impugned order and observed that the same was quite logical, fair and just. In the circumstances of the present case at least the legal heirs had a right to get the suspicion removed, more particularly, when the exhumation by itself could never lead to the involvement of someone unless the post-mortem is conducted and the report is positive. When report is positive, the persons involved certainly require to be proceeded against. Exhumation and thereafter the post-mortem are mere tools of investigation which, in the ordinary course, would not be interrupted. It may be recalled that after preliminary inquiry, the Magistrate in his first order had found the exhumation to be justified. The learned Additional Sessions Judge as well as the learned High Court is of the same opinion and hence any interference by this Court would be totally uncalled for. The petition is hereby dismissed and leave to appeal refused.