JHANG, Oct 11: A former executive magistrate is still holding an inquiry to exhume a body without having jurisdiction or legal authority after the introduction of new local government system.

Under the new system, which separates executive from judiciary, the inquiry should have been transferred to the court of a civil judge.

One such inquiry is being conducted by assistant district officer (revenue) officiating for Jhang deputy district officer (revenue) Dr Farooq Manzoor, who was entrusted with the task on April 16, 2001, by the then district magistrate, Jhang.

According to details, Lt-Col Maqbool Husain (retired) submitted an application to the district magistrate on March 21, 2001, for the exhumation of the body of his younger brother, Sarfraz Husain, who had died on September 26, 1998. The complainant alleged that his brother was poisoned by his wife, Chanda Sarfraz. The application was entrusted to a local magistrate for preliminary inquiry who summoned the parties and asked the applicant to produce evidence in his support.

Instead, the applicant, who was also a retired army officer, moved a transfer application to the district magistrate. He used his influence and the DM shifted the inquiry to the court of Dr Farooq Manzoor, who was a class-one executive magistrate at that time, and reportedly a very close friend of the applicant.

The respondent, when came to know about the connection between the applicant and the inquiry officer, moved an application for the transfer of inquiry. She also moved the Lahore High Court for the purpose but could not get any relief.

In the meantime, Dr Farooq started the inquiry. The proceedings were in preliminary stages when the local government system was introduced. The institution of magistrate ceased to exit and all such pending inquiries were transferred to the courts of civil judges. Dr Farooq, who had now become assistant district officer (revenue), somehow retained the inquiry. He issued fresh summons to the parties and directed the applicant to bring evidence on Tuesday (Oct 9). The parties appeared in his court on the fixed date but Dr Farooq was on leave and the court reader adjourned the inquiry to some other date.

The respondent told this scribe that Dr Farooq had no legal jurisdiction to hold the inquiry and that he was doing so only because of his friendship with the applicant. She also said that she was going to file another writ petition in the LHC.

District officer (revenue) Wasim Mukhtar, when contacted, told this correspondent that all such inquiries had been shifted to the civil judges and the officer concerned should have consulted the new law and shifted the inquiry to the judiciary, instead of resorting to such an illegal act.

Dr Farooq was not available for his comments.