The Supreme Court Today (April 5th) rejected a petition requesting the transfer of the mortal remains of Sufi saint from Bangladesh to India. CJI D Y Chandrachud, leading a three-judge bench, stated that there is no constitutionally enforceable entitlement to request the transportation of the Sufi saint’s mortal remains, as he was a citizen of Pakistan.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court of India, today, made a decisive ruling dismissing a plea that sought the repatriation of the mortal remains of Sufi saint Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad from Bangladesh to India.
The request was adjudicated by a three-judge panel led by Chief Justice D Y Chandrachud, who articulated the court’s stance, emphasizing the absence of a constitutionally enforceable right to demand the transportation of the saint’s remains given his Pakistani citizenship.
The court’s inquiry into the matter raised pivotal questions regarding the feasibility and jurisdictional appropriateness of transporting the remains of a Pakistani citizen to India.
“He is a Pakistani citizen, how can you expect the Union of India to bring his burials in India?”
-the bench posited, highlighting the inherent complications and international diplomatic nuances entailed in such a request.
The petitioner, represented through counsel for Dargah Hazrat Mulla Syed, argued that although the saint had no surviving family members in Pakistan, he held a significant spiritual position as the Sajjada-nasheen (spiritual head) at a dargah in Uttar Pradesh. Further adding to the saint’s connection to India, it was noted that he was born in Prayagraj (formerly known as Allahabad) before migrating to Pakistan, where he acquired citizenship in 1992.
Despite his eventual status as the Sajjada Nasheen of Dargah Hazrat Mulla Syed Mohammad Shah in Prayagraj since 2008, and his expressed wishes in his 2021 will to be interred at the shrine, the court underscored the logistical and legal hurdles associated with exhuming and transporting remains across national borders.
The justices, including Justices J B Pardiwala and Manoj Misra, concurred on the impracticability and the absence of legal grounds for directing the repatriation of Hazrat Shah’s remains, given his Pakistani nationality and the subsequent constitutional and practical challenges.
This ruling not only elucidates the Supreme Court’s adherence to legal and constitutional mandates but also reflects the intricate interplay of jurisdictional limits, international relations, and individual wishes in the context of posthumous repatriation cases.
Click Here to Read Previous Reports on CJI
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
