New Delhi: The Supreme Court of India has dismissed a plea urging the Centre to bring the mortal remains of an India-born Pakistani Sufi saint, who passed away in Bangladesh in 2022, for re-burial in Prayagraj (formerly Allahabad) in accordance with his wishes.
The plea was based on the will of Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad, a native of Prayagraj who became a Pakistani citizen in 1992. In his will, he expressed his desire to be laid to rest at the Dargah in Prayagraj, where he served as the ‘Sajjada Nasheen,’ or spiritual successor, of the shrine.
However, the Supreme Court rejected the plea, stating that as a Pakistani citizen, the deceased does not have a constitutionally enforceable right for his mortal remains to be transported to India. The bench, comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized that such rights can only be sought for Indian citizens.
The counsel representing Dargah Hazrat Mulla Syed of Prayagraj argued that Ahmad had no family in Pakistan, and as the Sufi saint and spiritual leader of the shrine, his wish should be honored. However, the court maintained that practical difficulties and the absence of a constitutional right for a foreign citizen prevent the transportation of his mortal remains.
“Hazrat Shah was a Pakistani citizen and had no constitutional right… the practical difficulties related to exhumation. As a matter of first principle, it would not be right for this court to direct the transportation of the mortal remains of a citizen of a foreign state to India,” the bench remarked.
The decision underscores the legal complexities and diplomatic considerations involved in such cases, highlighting the boundaries of constitutional rights and international relations in matters concerning individuals with dual nationality and spiritual affiliations.
Sources By Agencies
