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Mst. SHEHNAZ BIBI vs MAGISTRATE 1ST CLASS, SAHIWAL S — 2026 PLD 436 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 436 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
Mst. SHEHNAZ BIBI vs MAGISTRATE 1ST CLASS, SAHIWAL S
Subject matter
Criminal
Provisions referred to
S. 176

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SHEHNAZ BIBI VS MAGISTRATE 1ST CLASS, SAHIWAL S. 176(2)---Disinterment/exhumation/relocation of grave---Scope and object---Magisterial jurisdiction---Scope---Absence of allegation of unnatural death---Effect---Section 176(2), Cr.P.C. empowers aMagistrate to order exhumation, even after burial, where it is necessary to determine the cause of death, and this power is regulated by High Court (Lahore) Rules and Orders (Vol. III, Chap. 18, Part-A, Rr. 2 & 3), which require proper medical supervision and due regard to the dignity of the deceased---There is no provision in the Code, the High Court (Lahore) Rules and Orders, or the Police Rules permitting exhumation merely to alleviate emotional hardship or to address access difficulties---Where the petitioner did not allege that the deaths were unnatural and sought exhumation only to shift her sons' remains owing to hostility with the complainant of a related FIR, her request was beyond the scope of S. 176(2), Cr.P.C.---Magistrate, being a statutory functionary, may only exercise powers conferred upon him by law and disinterment under S.176(2), Cr.P.C. was permissible solely to determine the cause of death in cases of suspected unnatural death---Since no suspicion was alleged, thus, Magistrate lacked the jurisdiction to allow disinterment under the Code---High Court upheld the order of the Magistrate---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2026 PLD

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