1999 PLP 1322 (SCMR)
MUHAMMAD MOOSA — Petitioner Versus ABDUL AZIZ and 2 others — Respondents
| Citation | 1999 PLP 1322 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | MUHAMMAD MOOSA — Petitioner Versus ABDUL AZIZ and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1999 PLP 1322 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1322 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1322 (SCMR) (MUHAMMAD MOOSA — Petitioner Versus ABDUL AZIZ and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Abdul Ghafoor, Advocate Supreme Court for Petitioners. Advocate-General, Sindh (absent) for Respondent No.3.
- Date of hearing: 28th April, 1998.
Headnotes / Summary
(On appeal from the judgment dated 6-10-1997 passed by High Court of Sindh, Karachi, Sukkur Bench, in Cr. Rev. No.49/97 (Sukkur) and Cr. Rev. No.66/97(Karachi).
S. 176(2)
Constitution of Pakistan (1973), Art. 185(3)
Disinterment of dead body
Leave to appeal was granted by Supreme Court to consider whether High Court was right in restoring the order of the Magistrate who had allowed disinterment of the dead body when earlier post-mortem had been conducted in due course and thereafter Sessions Court had taken cognizance of the case.
Judgment & Decree
IRSHAD HASAN KHAN, J.
Leave to appeal is sought against the order dated 6-10-1997, passed by the High Court of Sindh, Sukkur Bench, in Criminal Revisions Nos.49 of 1997 (Sukkur) and 66 of 1997 (Karachi).
2. The question involved in these proceedings is whether the Magistrate 1st Class while exercising his powers under section 176(2), Cr.P.C. is empowered to order disinternment of a dead body when earlier post-mortem had been conducted in due course, after which the learned Additional Sessions Judge had, in the course taken cognizance of the case.
3. Raja Abdul Ghafoor, learned counsel for the petitioner argued that the learned Magistrate 1st Class had allowed disinternment of dead body while learned Additional Sessions Judge in exercise of his revisional jurisdiction declined to do so. However, the learned Singly Judge of the Sindh High Court, while setting aside the impugned order of the trial Court had restored the order of the Magistrate 1st Class allowing disinternment of the dead body.
4. Leave to appeal is granted to consider whether in the facts and circumstances of the case, the learned Judge in Chambers was right in passing 8 the impugned order. Meanwhile, the interim order dated 21-10-1997 suspending the operation of the impugned judgment of the learned Judge in Chambers shall continue. N.H.Q./M-238/S Leave granted.