The bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized that since Hazrat Shah was a Pakistani citizen, there was no enforceable constitutional right to invoke Article 32 of the Constitution for repatriation. The petition was filed by Hazrat Mulla Syed Dargah, where Hazrat Shah served as the Sajjada-nasheen from 2008 until his demise.
Born and raised in Prayagraj, India, Hazrat Shah migrated to Pakistan in 1992 and acquired Pakistani citizenship. The court acknowledged the legal complexities involved in repatriating the remains of a foreign citizen for burial in India. Additionally, the bench highlighted the logistical challenges associated with exhumation and transportation.
The petitioner sought a writ of mandamus directing the Union to facilitate the transportation of Hazrat Shah's remains from Dhaka to Prayagraj in accordance with his final will. Advocate Arundhati Katju, representing the petitioner, underscored Hazrat Shah's wish to be buried at the Dargah in Prayagraj, emphasizing his customary right as the Sajjada-nasheen.
However, the Chief Justice reiterated the absence of an enforceable constitutional right in the matter, despite acknowledging the religious sentiments involved. The court urged the petitioner to explore alternative legal avenues, considering Hazrat Shah's status as a Pakistani citizen.
Despite repeated representations to the Ministry of External Affairs, the petitioner lamented the lack of efforts to repatriate Hazrat Shah's remains. The Sufi leader had expressed his desire to be buried at the Dargah in Prayagraj, as per his will executed in 2021.
