Petition for repatriation of Sufi leaders remains denied by SC

Petition for repatriation of Sufi leaders remains denied by SC

The Supreme Court dismissed a plea requesting the government to exhume the mortal remains of Sufi leader Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad from Bangladesh and bring them back to India. The Sufi leader, who migrated from Bangladesh to Pakistan in 1992, passed away in 2021 and was buried in Dhaka.

The plea was filed by Dargah Hazrat Mulla Syed in Prayagraj, with Advocate Arundhati Katju representing the petitioner. The plea argued that despite several representations made to the authorities, they received no response regarding the repatriation of the Sufi leader's remains.

However, Chief Justice of India DY Chandrachud, while hearing the matter rebuffed the plea, stating that no one can claim a right to bring back the mortal remains of a foreigner to India. The bench emphasized that since Hazrat Shah was a Pakistani citizen, the Union of India cannot be expected to intervene in bringing his remains to India.

Advocate Katju countered, highlighting that the Sufi leader had no family in Pakistan. Nevertheless, the bench stood firm, reiterating that the court cannot direct the transportation of the mortal remains of a citizen of a foreign state into India.

The bench's decision rested on several grounds, including the legal and practical complexities associated with exhumation and repatriation across international borders. They emphasized that if the deceased had been an Indian citizen, efforts could have been made to address the plea. However, for a foreign citizen, such intervention is not warranted.

Hazrat Shah, who was elected the Sajjada nashin of the shrine Dargah Hazrat Mulla Syed Mohammad Shah in Prayagraj in 2008, expressed his desire to be buried in the shrine through his will executed in 2021. Despite these wishes, logistical challenges and legal constraints prevented the court from granting the petition.

The term Sajjada nashin or Gaddi nashin, of Persian origin, refers to the successor or hereditary administrator of a Sufi master, typically serving as a custodian at the shrine.

While acknowledging the significance of the Sufi leader's association with the shrine in Prayagraj, the bench underscored the importance of respecting international laws and diplomatic protocols in handling such matters.

 

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