SHC orders exhumation of ‘murdered’ woman’s body for fresh autopsy

The Sindh High Court has ordered the chief secretary to form a committee with the home secretary to ensure implementation of the Sindh Medico-legal Act 2023, frame rules and approve appointments of police surgeons and MLOs based on court guidelines and the federal government’s SOPs within six weeks.

Disposing of a petition with regard to constitution of a medical board to ascertain the cause of death of a woman in a domestic violence case, the court observed that the Sindh Medico-Legal Act of 2023, while a progressive step, requires implementation through rule-making and appointments.

The court directed a coordinating committee, led by the chief secretary, to ensure compliance with the Act, frame rules within six weeks, and approve SNEs for police surgeons and MLOs.

Petitioner Nazeer Ahmed sought justice for his daughter, Hameeda, who died mysteriously after alleged domestic abuse on the grounds that a flawed postmortem and mishandled investigation hindered justice. The petitioner requested the court to order a thorough investigation by a medical board to ascertain the cause of death of the deceased. He also south action against officials and prosecution of the culprits.

The petitioner’s counsel submitted that the government had formed a committee to improve medico-legal procedures, but the medico-legal officer failed to follow these procedures in the case. He requested the court to order exhumation of the body of the deceased to ascertain the cause of her death.

The counsel for the respondent submitted that he has no objection if the body of deceased Hameeda is exhumed for the aforesaid purpose.

The amici curiae also assisted the court and submitted that the code of practice and performance, standards for public pathology in different countries be considered while framing the rules.

They submitted that there is guidance for conducting post-mortem examinations including a second post-mortem examination.

A high court division bench comprising Justice Salahuddin Panhwar and Justice Adnan-ul-Karim Memon said the case of the petitioner is that his 20-year-old daughter, Hameeda, was allegedly murdered by her husband and in-laws after enduring domestic abuse and a case was registered at the Organi Town police station.

The court observed that medico-legal officer conducted a flawed postmortem examination, failing to document injuries, mention pregnancy, and perform necessary internal examinations.

The court observed that despite evidence of asphyxia, the officer’s preliminary opinion and final report were misleading.

It said that the petitioner filed complaints with the relevant authorities but received no satisfactory response. The court observed that the investigation has been mishandled, and the accused are absconding.

The SHC further said that the victim was murdered in her home, the only witnesses were/are the suspects and in this regard, and medical and forensic evidence is crucial to the case.

It also observed that contention that exhumation at this stage will serve no useful purpose pales into significance for the sole reason that there is no time limit for the disinterment of the body.

The court observed that a special medical board can be constituted to determine the cause of death of Hameeda and this is common practice in complex or suspicious death cases.

It said the medical board would examine the exhumed body, conduct tests, and prepare a report detailing their findings. The court also directed the sessions judge of Lakki Marwat to appoint a judicial magistrate to oversee the exhumation of Hameeda’s body. The court ordered that the special medical board will determine the cause of death and submit its findings to the magistrate within two weeks.