LAHORE: The Lahore High Court has ruled that an offence against human body is though compoundable but at the same time it is an offence against the State for which the State machinery has to take steps for the prosecution of the offender.

Justice Anwarul Haq Pannun made this observation the other day while dismissing the petition of a man challenging an order to exhume the body of his wife allegedly killed by accidental fire shot. Mother of the deceased woman had secured the order for the exhumation from a judicial magistrate concerned of Shakargarh.

Petitioner Safarish Ali pleaded that a magisterial court had already dismissed an application for exhumation of the body filed by investigating officer of the local police as none of the legal heirs of the deceased wanted autopsy.

The judge, in his verdict, dismissed the plea and noted delinquency on the part of the police for not holding an inquiry into the incident independently as required under section 174 of Code of Criminal Procedure (Cr.P.C) despite ordered by the magistrate.

‘Govt machinery bound to take steps for prosecution of the offender’

The judge observed that it was an admitted fact that death of the deceased namely Shahnaz Bibi was a result of two successive firearm shots from a pistol being cleansed by her son Rafaqat Ali.

Justice Pannun remarked that even the contents of the application submitted to the police by the husband of the deceased entailed an investigation of cognizable offence of Qatl-bis-Sabab (causing death to a person unintentionally) under section 321 of the Pakistan Penal Code.

The judge observed that the order by the magistrate whereby request for exhumation of the body was turned down on the concession of legal heirs amounted to diverting the process of law by allowing the heirs compounding the offence by way of its application to waive their rights of Qisas (eye for an eye).

“The offence under section 322 PPC can, no doubt, be compounded by the legal heirs of the deceased but with the permission of a court of competent jurisdiction only as per mandate of law, after submission of the challan and taking cognizance of the offence by a court,” said the verdict adding the order of the magistrate turning down the request of the police only on the concession of the heirs, appeared to be illegal and without jurisdiction.

The judge ruled, “The offences against human body are though compoundable but at the same time it is an offence against the State for which the State machinery has to take steps for prosecution of the offender, which, in the instant case, is lacking.”

The judge dismissed the petition, upheld the order of the exhumation and also directed the Narowal police chief to look into the matter and find out whether the conduct of his subordinates in dealing with the matter did not come within the purview of making attempt for damaging the evidence apart from failure in discharge of their duty.

Published in Dawn, August 15th, 2019