P L D 2015 Lahore 213 (PLP)

SIKANDAR ZULQARNAIN SALEEM, J.

Contents that Mst. Haleema Rafique (deceased) was a good player of Cricket and at district level she was being admired and in the year 2013, Mst. Hina Ghafoor, Saba Ghafoor, Kiran Irshad, Seema Javed and other female students came to persuade Mst. Haleema Rafique (deceased) to play Cricket Match at Bahawalpur for Multan Cricket Club. The deceased, in the year 2013, went to play match at Bahawalpur. Unexpectedly, the members of team along with the deceased were seen disclosing the unethical and immoral behavior of the Multan Cricket Club in a "talk show" telecast by Express TV and these students disclosed some astonishing happenings but the deceased remained silent in this respect. She did not point out any person. After that, some people had telecast the programme for their own benefit under specific agendas and criticized the characters of some particular persons since then deceased was under havoc, stress and mental turmoil. On 10-7-2014, the deceased was summoned by the District and Sessions Judge, Multan in a case in which she was alien to that case. On 13-7-2014, at 5.P.M, the petitioners suddenly came to know about the attempt of suicide committed by the deceased who drank acid in the washroom, the petitioner took her to hospital but the deceased could not fight for life and died in the Nishtar Hospital. Now some media persons want to use the deceased for their own interest and agenda and demanding the disinterment by giving 'Breaking News' on air in different angles. It is further contended that respondent No.2 at the behest of respondents Nos. 8 to 10 is repeatedly summoning the petitioners to sign and thumb mark the application for disinterment of the grave of Mst. Haleema Rafique (deceased) against their wishes.

2. Heard and perused the file.

3. It is noteworthy that the deceased was a cricket player and the media has also extended enough coverage but the circumstances under the surface, led the mental depression and anguish and resultantly led to the suicide of deceased Mst. Haleema Rafique. Prima facie, this is a media involved case as the respondents Nos. 8 to 10 are the media figures. It is very unfortunate in our society that the self interest comes first of all and the instant case is no exception also. The family of deceased is being pressurized by persons who are needlessly demanding the disinterment of the grave of deceased to declare the suicidal death of Mst. Haleema Rafique a 'murder' and respondents Nos.1 to 7 at the instigation of respondents Nos. 8 to 10 began to harass the petitioners and family; and demanded to declare the death of the deceased a murder. otherwise they will start their media trial and the exhumation will be conducted under the supervision of the police but the petitioners are not willing to exhume the grave of Mst. Haleema Rafique, as they tune it as an insult and the specific person will take benefit in this way. I must say it is a media-hype, we are living in democratic republic where the Constitution is Supreme and the Judiciary, symbol of justice and rule of law in the country, is custodian of the sanctity of a persons rights conferred upon the Constitution under Articles 10, 14 and

19. Article 14 of the Constitution of Islamic Republic of Pakistan guarantees to protect dignity of man and the privacy of home which shall be inviolable subject to law. As per Mst. Haleema Rafique (now dead) her privacy was intruded by the media. Dignity of man is not only secured by Constitution of Pakistan but also great value has been attached to the dignity of man under Islam, too. Not only her dignity was intruded her peace and tranquility of family was disturbed too and had put her to serious danger of being blackmailed. Now respondents Nos. 8 to 10 are after the dignity of petitioners. They are not safe from invasion and illegal intrusion. It is repulsive that some persons are using media for their own designs and intentions without any fear regardless of pain and agony suffered by the petitioners at their hands. This sort of practice (blackmailing) must be uprooted and the Courts have to safeguard the fundamental rights of the society without being biased in performance of its sacred duties (Dispensation of justice).

4. Be that as it may, respondents Nos.1 to 7 are directed to remain within the four corners of law and not to cause undue harassment to the petitioners by exerting pressure upon them to sign and thumb mark the application for disinterment of the grave of Mst. Haleema Rafique deceased against their wishes and do not hurt the sentiments of parents/petitioners on the behest of respondents Nos. 8 to 10 and not to become a tool in the hands of the media as no law or religion enforces anyone to do any thing which he/she does not want to do.

5. With this direction, the instant petition is disposed of. AG/S-116/L Petition accepted.