MANZOOR HUSSAIN SIAL, J.- Basharat Aziz petitioner, who is brother .Of Ch. Anwar Aziz, has moved this constitutional petition seeking direction to the District Magistrate, Sialkot' for constitution of a Board of renowned Medical Experts for conducting an inquiry under section 176 Cr.P.C, by getting the body of Muhammad Idrees Taj disinterred for ascertaining the actual cause of his death.
2. Learned counsel for petitioner submitted that Ch. Anwar Aziz brother of the petitioner, was one of the candidates for N.A Seat 91 from Shakargarh District Sialkot on Peoples Democratic Alliance (P.D.A) ticket whereas Muhammad Idrees Taj was Islami Jamhoori Itehdd's (I.J.I) candidate for the same seat. On 21.10.1990 the afore-said Muhammad Idrees Taj and his supporters attacked and killed six P.D.A, supporters whereupon FIR No.103/90 was registered against them at Police Station Shakargarh. Thereafter on 23.10.1990 on the complaint lodged by Ishfaq Ahmad son of Abdur Rahim a case under section 302/307/148/149 P.P.C was registered against Ch. Anwar Aziz and other accused at Police Station Shakargarh for allegedly committing murder of Muhammad Idrees Taj and causing injuries to Qasim son of Latif and Tahir son of Inayat Ali P.Ws. The police is investigating the cases. It was next submitted that Muhammad Idrees Taj a confirmed heart patient was personally seen by the petitioner escaping from the scene of occurrence. He suffered a massive heart attack resulting his instantaneous death. It was urged that with a view to avenge enmity, bullets were fired on his dead body for implicating Ch. Anwar Aziz and members of his family. The petitioner as well as his brother apprehending danger to their lives could not approach the District Magistrate, Sialkot for proceedings under section 176 Cr.P.C. The petitioner, however, sent telegrams to various dignitaries specifically mentioned in para 7 of this petition including the District Magistrate, Sialkot for the relief prayed for in this petition but no action has so far been taken.
Learned counsel vehemently contended that the petitioner and his brother place no reliance on the post-mortem report already obtained by the police. They pray for a command to the District Magistrate to carry out inquiry under section 176 Cr.P.C, and get the dead body of Muhammad Idrees Taj disinterred and examined by a Medical Board for ascertaining the actual cause of his death.
3. Learned Advocate-General and the learned counsel for the complainant opposed this petition.
They raised preliminary objection about the maintainability of this petition. It was contended that the petitioner did not bring anything on the record supporting the allegation that the deceased suffered fatal heart attack. Learned Advocate-General, however, submitted that Ch. Anwar Aziz accused who is named in the F.I.R, with a specific role played by him is still at large. He being fugitive from law is dis-entitled to seek any direction, directly or indirectly by invoking discretionary jurisdiction of this Court. It was pointed out that if the petitioner had already approached the District Magistrate through telegram for ascertaining the cause of death he should pursue that remedy, in the first instance, before invoking the extraordinary Constitutional jurisdiction of this Court. It was also submitted that the proceedings held and action taken under section 176 Cr.P.C, being judicial proceedings are revisable and on that basis also this petition is not maintainable.
4. I have heard learned counsel for petitioner, learned. Advocate-General and learned counsel for the complainant. I have also perused the documents on the file as also the post-mortem report produced by the Investigating Officer. The District Magistrate, Sialkot is competent to initiate proceedings under section 176 Cr.P.C, if the circumstances of the case so warrant under the law.
This Court cannot pre-empt that jurisdiction. Without prejudice to the merits of the case, it js observed that if the District Magistrate, Sialkot has already received the telegram and has not so far decided, he shall forthwith dispose Of the same in accordance with law.
5. Subject to the observation- made above this petition stands disposed of.