Judge declines exhumation of Maulana Sami’s body

Family says the act would hurt sentiments of millions of people

Shahabullah Yousafzai November 21, 2018

PESHAWAR: A judicial magistrate on Tuesday rejected Rawalpindi Police’s request for a postmortem of Maulana Samiul Haq, the Jamiat Ulema-e-Islam-Sami (JUI-S) chief who was assassinated on November 2 inside his residence in Rawalpindi.

The police had requested the court to allow them exhume dead body of the religious scholar who has been interred at his religious seminary, Jamia Haqqania Akora Khattak in Nowshera. Sami’s family had, however, opposed the request and the court on Monday asked them to submit their respective replies.

When the judicial magistrate Muhammad Wali of Nowshera district resumed hearing of the case on Tuesday, Sami’s son Hamidul Haq submitted a seven-page Fatwa – signed by various scholars – clearly stating that postmortem is un-Islamic but could be allowed if the deceased’s family gave permission.

Hamid’s lawyer Mian Abdullah Shah said Sami had no enmity with anyone and he is a martyr. He said due to his standing among scholars his autopsy would hurt sentiments of millions of people.

The lawyer said his family did not agree to an autopsy and now it was at the court’s discretion to allow the process or not. “There are many other ways and means to probe the murder mystery and reach the culprits,” he added.

Maulana Samiul Haq laid to rest

The public prosecutor Mukhtyar Khan contended that in order to establish a strong case against those involved in the heinous crime a postmortem was necessary. He requested the court to allow reopening of the grave and reexamining the body in a scientific way.

After a heated debate between counsels, the court turned down request of the Rawalpindi police.

A sub-inspector later took written order of the judicial magistrate and told the media that they would challenge the verdict in court of a district and sessions judge. “We need certain information in the course of investigation, which could be provided through a postmortem,” he added.

Talking to The Express Tribune that JUI-S new chief Hamidul Haq said they had pleaded the case in the light of the Islamic Sharia and would never allow police or others to carry out a postmortem. Sami, also known as ‘father of the Taliban’, was stabbed to death inside his house in Rawalpindi.



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