Through this petition it is alleged that a sister of the petitioner, namely, Mst. Parveen Bibi aged about 16/17 years was abducted/enticed away by one Haider A.I who already had a wife and four children. It is further submitted that the petitioner and his other family members tried for the restoration of the said Mst. Parveen Bibi but their efforts did not bear any fruit. It is added that on 18- 6-1989 the petitioner came to know that her aforesaid sister had, been killed and buried by her aforesaid husband. The rumour also was that the said Mst. Parveen Bibi was 5/6 months' pregnant at the time of her death.
2. It was in this background that the present petitioner made an application to the District Magistrate of Okara praying for disinterment of the body of Mst. Parveen Bibi and thereafter to have the post-mortem examination conducted on the said body for further action in accordance with law. The petitioner's suspicion was that Mst. Parveen Bibi had either been strangulated to death or had been killed through administration of some poison to her. His suspicions got strength from the fact that Haider A.I, the husband of the said Mst. Parveen Bibi did not even inform the petitioner or his family about her death.
3. The learned District Magistrate, Okara, directed the Resident Magistrate of Renala Khurd, to inquire into the matter and to submit a report.
4. The R.M. Accordingly examined the present petitioner and thereafter submitted his report dated 26-6-1989 whereon, the District Magistrate passed the impugned order dated 29-6-19789 refusing the exhumation of the said dead body.
5. The said impugned, order is based solely on the report of the R.M. As the D.M. Did not hold any inquiry or proceedings in the matter at his own level.
6. So far as the report of the R.M. Is concerned, it is directed more towards demonstrating that Haider A.I aforesaid was not responsible for the death of Mst. Parveen Bibi and that the said Haider A.I was innocent in the matter. Besides the finding that said Haider A.I was not involved in the matter, there are hardly any reasons for disallowing the disinterment of the dead body in question and subjecting it to medico-legal examination.
7. It is evident from the record that Haider A.I etc., had not informed the family members of Mst.
Parveen Bibi about her death. It is also alleged that the said Haider A.I had already a wife and the suspicion of the relatives of Mst. Parveen Bibi is that she had been done to death by the said Haider A.I at the instance of his first wife in order to remove her from the scene.
8. In the circumstances the entertainment of suspicion and doubts by the relatives of Mst. Parveen Bibi about the possibility of the said lady having met a violent death could not be said to be completely ill-founded. If the close relatives of Mst. Parveen Bibi had no objection to the exhumation of the dead body and were in fact agitating for the same, then there was hardly any reason for the District Magistrate not to accept the said prayer. The question whether Haider A.I aforesaid had or had not killed Mst. Parveen Bibi is not for the R.M. Or for the D.M. To determine.
9. Needless to say that the relatives of Mst. Parveen Bibi do have a right to know and to find out how she met her death. It would be rather inhumane and unfair to leave the brother and other relatives of Mst. Parveen Bibi lurking in a douht throughout their lives with regard to her death.
10. The District Magistrate of Okara is directed to arrange the disinterment of the dead body of Mst.
Parveen Bibi daughter of Noor Muhammad, which lies buried in the graveyard of Chak Tillanwala of Tehsil Okara, under the supervision of the local S.D.M./A.C. A Board of the least three doctors nominated by the Medical Superintendent, D.H.Q. Hospital, Okara, shall also be present at the time of the disinterment of the said dead body and the said doctors would thereafter examine the said body in accordance with law. They shall also send the viscera of the relevant organs and other parts of the dead body in question and undertake such other tests as may be necessary to determine the actual cause of death. The result of the P.M. Examination and of other tests shall then be submitted to the D.M. Who shall then take appropriate action in accordance with law.
11. In view of what has been stated above, this petition is accepted. The order dated 29-6-1989 of the District Magistrate, Okara, and the report dated 26-6-1989 of the Resident Magistrate, Renala Khurd, are set aside. This writ petition is thus disposed of in the above terms. There shall however be no order as to costs.
N.H.Q./G-264/L