High court orders exhumation of Muslim man’s body from Hindu cremation ground

Nagpur: Affirming that the constitutional right to dignity continues even after death, the Nagpur bench of Bombay high court ordered the exhumation of a Muslim man's body that was mistakenly buried in a Hindu cremation ground in Nagpur. The deceased was initially treated as unidentified following a train accident.A division bench comprising justices Anil Kilor and Raj Wakode allowed a writ petition filed by Javid Khan, the deceased's brother, and quashed orders of the tahsildar and the sub-divisional officer of Nagpur Rural that earlier refused permission to exhume the remains.
The court directed authorities to exhume the body of Sajid Khan from Mokshdham Ghat on Ghat Road under the supervision of the Nagpur Municipal Corporation and hand it over to the petitioner so that the final rites could be performed according to Islamic customs.Sajid Khan, a resident of Malegaon, travelled to Nagpur on January 25 with two friends for the Urs of Tajuddin Baba. He went missing on January 26 and later died near Butibori. As his identity could not be established immediately, police treated the body as unidentified and buried it at Mokshdham Ghat, a Hindu cremation ground.After tracing the case through enquiries with police, the petitioner identified the body through photographs shown by officers and sought permission to exhume the remains so that burial could be conducted at Kabristan, Bada Tajbagh, in accordance with Muslim religious practices. However, local authorities declined the request, directing him to obtain orders from a competent court.The bench held that such refusal lacked justification. "The right to life under Article 21 of the Constitution has been judicially interpreted to include the right to dignity, which extends even after death," the court observed, citing the Supreme Court's ruling in Ashray Adhikar Abhiyan versus Union of India.The judges further noted that Article 25 guarantees freedom of religion, including the right to perform essential religious rites. "There is no statutory prohibition shown to this court preventing exhumation under lawful supervision," the bench said.Calling the earlier administrative orders "cryptic and non-speaking", the court ruled that denying the family custody of the remains would violate constitutional protections under Articles 14, 21 and 25.The bench directed the superintendent of police, Nagpur Rural, and the Butibori police to conduct the exhumation and ensure that the mortal remains are handed over to the deceased's brother.