Supreme Court rejects plea to exhume, bring back mortal remains of Sufi leader from Dhaka to India

The Supreme Court on Friday rejected a plea to exhume and bring back the mortal remains of Sufi Leader Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad, from Dhaka to India for a re-burial..A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra made it clear that no legal or constitutional right exists towards bringing back the mortal remains of a foreigner to India. The Sufi leader had migrated to Pakistan and acquired Pakistani citizenship in 1992. He was in Bangladesh for a ceremony when he passed away there and was buried in Dhaka."Hazrat was a Pakistani citizen and there is no Constitutionally enforceable right to assert to entertain this plea. He is currently buried in Dhaka where he passed away on a visit. As a first principle also this court cannot direct a person who is a foreign citizen be brought to India for a re-burial ceremony. There is no right at all," the CJI remarked while dismissing the plea..The petition was filed by Dargah Hazrat Mulla Syed, Prayagraj. The counsel for the Dargah submitted that the deceased had been appointed its Sajada Nasheen (successor or hereditary administrator who acts as custodian or trustee of Sufi shrine)."For the Sajada Nasheen, the person has to be buried within the precincts of dargah. He has no followers in Pakistan or family. He is the Sajada Nasheen of the dargah here. His grave can be properly tendered to here. The aircraft rules also do not allow differentiation between citizen and non citizens."The Court, however, asked who will exhume the body."Who will exhume it now?"It eventually proceeded to dismiss the plea.