The necessary facts giving rise to the present petition are that one Mst. Samayya Bibi died on 19-5- 2001. The petitioner happens to be the father of the said lady whereas respondent No,7 claims to be her husband. The petitioner had suspected that his daughter Mst. Sumayya Bibi had been murdered whereas respondent No,7 has been maintaining that she had died a natural death.
Resultantly, the matter was taken to the District Magistrate, Okara for exhumation of the dead body of that lady and vide order dated 13-8-2001 the District Magistrate, Okara, after getting the matter inquired into through a Magistrate, passed an order regarding disinterment of the dead body of Mst. Sumayya Bibi for its post-morterm examination. Subsequently the petitioner approached the Area Magistrate for implementation of the said order but the Area Magistrate, on account of his pre-occupation with some other official business, referred the said application to the learned Sessions Judge, Okara who had by then become the successor of the District Magistrate Okara vis- a-vis the power regarding disinterment of the dead body. The learned Session Judge, Okara, however, did not proceed with execution of the earlier order passed by the District Magistrate, Okara on 13-8-2001 but instead a fresh inquiry was ordered by the learned Sessions Judge, Okara so that a fresh order could be passed regarding disinterment of the dead body or otherwise. That order passed by the learned Sessions Judge, Okara on 1'4-9-2001 has been assailed before this Court through the present petition.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that a final order regarding disinterment of the dead body in issue had already been passed by the District Magistrate, Okara on 13-8-2001 and the said order had not been called in question by any party before any forum. That order had thus, attained finality. In this view of the matter the subsequent application of the petitioner regarding execution and implementation of the said order could not have been treated by the learned Sessions Judge, Okara to be fresh application regarding disinterment of the dead body so as to take a fresh decision regarding disinterment or otherwise and what the learned Sessions Judge, Okara could have done in the matter was to get the earlier order implemented and executed. In these circumstances the impugned order passed by the learned Sessions Judge, Okara on 14-9-2001 regarding holding of fresh inquiry into the matter is surely without lawful authority and of no legal effect. This writ petition is, therefore allowed, and the impugned order dated 14-9-2001 passed by the learned Sessions Judge, Okara is hereby set aside. The learned Sessions Judge, Okara is hereby directed to ensure that the earlier order passed by the District Magistrate, Okara on 13-8-2001 is carried into effect in its letter and spirit within the next fortnight.