ISLAMABAD, Feb 26 (APP):The Federal Constitutional Court of Pakistan has dismissed a petition challenging the exhumation of the body of the deceased, Ms Musarrat Bibi, and upheld the decision of the High Court permitting the exhumation. The court rejected the plea filed by her husband, Muhammad Ali.
The case was heard by a two-member bench headed by Justice Hasan Azhar Rizvi.
During the proceedings, counsel for the husband argued that, in an Islamic society, the decision to exhume the grave of a wife should be declared void.
At this, Justice Rizvi remarked whether an Islamic society permits elopement and marriage in such a manner. He observed that the deceased’s mother, Zubaida Bibi, had sought the exhumation, expressing suspicion that her daughter had been murdered by her husband.
The bench questioned whether Musarrat Bibi had died of a heart attack, as claimed, and noted that the husband had not even informed the mother of her daughter’s death. The court asked whether the husband had shown basic humanity by notifying the mother prior to burial.
During the hearing, the court also inquired whether the husband had obtained bail in any related case. The counsel replied that no FIR had been registered against his client. Justice Rizvi remarked that it was possible the FIR had not been allowed to be registered.
Subsequently, the court dismissed the petition and maintained the High Court’s order allowing the exhumation.