KARACHI: A Karachi court on Thursday allowed the exhumation of Institute of Business Administration (IBA) graduate Mir Raza Ali’s body, which was found last month with a gunshot wound to the chest in the bushes in Gulistan-i-Jauhar.
The court issued the order on an application filed by Ali’s father, after a controversy emerged between the Karachi police surgeon and investigators over alleged loopholes in the medico-legal report regarding the post-mortem examination.
In its order, the court directed the police surgeon and the Sindh health secretary to constitute a medico-legal board for the exhumation of Ali’s body “under intimation to this court at the earliest possible date and time”.
The court order, issued after the ruling by Judicial Magistrate Hameedullah, stated that Ali’s father, Mir Hussain Ali Khan, had filed an application seeking the exhumation of his son’s body in accordance with law.
He also requested the formation of a medico-legal board, comprising senior forensic experts and pathologists, under the Karachi police surgeon “to conduct a fresh and comprehensive” medico-legal examination and postmortem, as well as X-ray, DNA, forensic and chemical examination of the body to ascertain the actual cause of death.
The court observed that the prosecutor had not raised any objection to allowing the application, and permitted the exhumation of Ali’s body.
Moreover, the court office was directed to issue a letter to the Sindh health secretary and Karachi police surgeon for the formation of a medico-legal board for the purpose.
“The Ferozabad station house officer is also directed to make arrangements along with the investigating officer (IO) for such proceedings,” the order, a copy of which is available with Dawn read.
The court had earlier reserved its decision on the application after the counsel for the applicant, Jibran Nasir, and the prosecutor presented their arguments.
Nasir contended that police could not object to the exhumation.
But, the judge observed that a notice would have to be issued to police.
Nasir argued that the police surgeon and the medico-legal officer would have to conduct the exhumation, further stating that the police surgeon had identified loopholes in the postmortem report.
“No X-ray was done; the cause of the death has not been determined,” he said.
The judge then asked the prosecution how the court could issue an order for the body’s exhumation without issuing a notice to the IO. If the prosecution had no objection, the order would be issued, he added.
The prosecutor replied that they had no objection to the exhumation. “This is a matter involving a human life,” he said.
At that point, Nasir argued that issuing a notice to the IO would further delay the matter.
The court then reserved its ruling on the application and later allowed the exhumation of Ali’s body.
More to follow
