PESHAWAR: The Peshawar High Court (PHC) on Tuesday disposed of a civil miscellaneous application after police assured the court that the body of an accused identified as Mumtaz alias Mumtazay would be handed over to his family.
Mumtaz, who was reportedly wanted by police in 47 cases, was killed in a police encounter a day earlier along with two armed attackers. The court directed the police to hand over his body to his genuine legal heirs and ensure that there was no obstruction during his burial.
The application was filed by Mumtaz’s mother, Bagh Meena, and was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Babar Sattar.
During the hearing, the petitioner’s counsel, Shabbir Gigyani, told the court that Mumtaz was being transferred from Islamabad airport to Peshawar when armed men attacked the police. He said Mumtaz and two attackers were killed in the incident, but the body of the accused was not being handed over to his family.
Justice Syed Arshad Ali asked who was withholding the body and where it was being kept.Additional Advocate General (AAG) Abdul Rauf Afridi and a deputy superintendent of police (Legal) appeared before the court. The AAG told the bench that the police were ready to hand over the body, but insisted that it would only be given to the deceased’s genuine heirs.
The petitioner’s counsel said the deceased’s mother and brother would come to receive the body and prayed the court to ensure that no obstruction was created in the burial process.The AAG informed the court that the body was currently at a hospital and suggested that the hospital administration record a video of it to maintain an official record.
