' Through this constitutional petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 the petitioner has prayed as under: "It is most respectfully prayed that this writ petition may very kindly be accepted and the impugned order dated 02.02.2016 and 15.02.2016 passed by both the Learned Courts below/Respondents No, 1 & 2 may very graciously be set aside by declaring illegal, unlawful, without jurisdiction, without any lawful justification and of no legal effect. It is further prayed that the operation of impugned orders may very graciously be suspended till the final decision of the instant writ petition. Any other relief, which this Hon'ble Court deems fit, just and proper may also be granted to the petitioner."
2. Learned Law Officer produced copy of case FIR No, 88/16, dated 18.03.2016. Registered under Section 302 & 34, PPC at Police Station Shah Jamal District Muzaffargarh with the averments that Mst. Rukhsana Bibi was married to Muhammad Aleem accused/performa Respondent No, 5 two years back and out of this wedlock one son was born out. It is further alleged in the FIR that on 11.12.2015 in the morning an information was communicated that her daughter mentioned above had died, upon which the complainant alongwith others readied house of in-laws of Mst. Rukhsana Bibi and found the dead body of her daughter King on a cot. Subsequently, ablution was given to the dead body by Sardar Mai who told the complainant that Mst. Rukhsana Bibi sustained injuries at her body but the accused mentioned in the FIR forcefully interred dead body of her daughter.
3. It has also been observed that police has not registered the case prior to the order of the learned ASJ/Ex-Officio Justice of Peace, similarly the complainant Ameer Mai also filed an application for disinterment of dead body of her deceased daughter under Section 176 (2) of Cr.P.C. Ingredients of which runs as under: "Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined."
4. Report and para-wise comments was called from the concerned quarter, on 02.02.2016 the learned Judicial Magistrate, Muzaffargarh directed the SHO to make necessary arrangements for the purpose of exhumation proceedings. He was also directed to appoint officer/official for collecting sample of post-mortem of said deceased for further proceedings as per law. A letter was also issued to TMO Muzaffargarh with the direction to make necessary arrangements for the purpose of exhumation proceedings of the deceased which order was assailed through Criminal Revision No, 110-B in the Court of learned ASJ Muzaffargarh who vide order dated 15.02.2016 dismissed revision petition on the ground that "In India-Pakistan no time limit is fixed for disinterment of a body. In France this period is limited to ten years while it is 30-Years in Germany".
Both the orders of learned Courts below assailed through instant writ petition. There is no cavil to the preposition that the necessity for the exhumation is only to" determine the cause of death of the deceased to the effect that whether the deceased met with her natural death or she was murdered, especially when there is allegation against in-laws of the daughter of the petitioner, that she was not met with her natural death rather she was murdered by the husband and in-laws of the deceased. In this regard reliance can be placed upon case law reported as "2011 YLR 2616"
(Ghulam Jaffar and another vs. The State and 3 others), "PLD 2007 Lahore 176" (Mansab Ali vs. Asghar Ali Faheem Bhatti, ASJ. Etc) & "2010 PCr.LJ 4 (Lahore)" (Ghulam Fareed vs. A.S.J., etc.).
5. As the case had already been registered and investigation is under progress, Investigating Officer of this case appeared before this Court and apprised that investigation was stopped due to the suspension of operation of impugned orders. He further prayed that in order to remove the hurdles in the investigation and to resolve the suspicion about the death of the deceased post- mortem examination was necessary to reach at the just conclusion of the investigation. Learned Law Officer also agreed to the submissions made by the I.O.
6. It is also noteworthy to mention here that allegation mentioned in the aforementioned FIR is against husband and in-laws family members of the deceased lady: where she met with her death, I am unable to understand that why the inmates of the house/ respondent/accused are creating hurdles in performing post-mortem examination upon the dead body of the deceased. If they have clean hands they should come forward and present themselves with the submission that let the post-mortem conduct upon dead body of the deceased in order to verify the factum of her death. This Court has no jurisdiction to interfere in the investigation of a criminal case, though the petitioner assailed order of learned Judicial Magistrate Muzaffargarh dated 02.02.2016 and order passed by learned ASJ Muzaffargarh dated 15.02.2016 at the time when aforementioned FIR was not registered.
7. In the circumstances it is understandable that absence of the petitioner before this Court after the registration of the case she is reluctant to join the investigation and to face the Investigating Officer for the purpose of investigation. For what has been discussed above this petition is devoid of any force is hereby dismissed with direction to the Investigating Officer of aforementioned FIR to comply with the impugned order of learned Judicial Magistrate Muzaffargarh dated 02.02.2016 and conclude the same honestly, fairly and justly strictly in accordance with law.
(R.A.) .