Supreme Court Denies Plea to Rebury Pakistani Sufi Saint in India

The Supreme Court of India has dismissed a request to bring the remains of a Pakistani Sufi saint back to India for reburial.

Key Points:

• Hazrat Shah Muhammad Abdul Muqtadir Shah Masood Ahmad, an Indian-born Sufi saint who later acquired Pakistani citizenship, died in Bangladesh in 2022.
• His will expressed a desire to be buried at the Dargah shrine in Prayagraj (formerly Allahabad), India, which he presided over.
• The court rejected the plea due to Ahmad’s Pakistani citizenship, stating there’s no legal right to enforce the request for remains of a foreign national.
• The court acknowledged his role as the shrine’s “Sajjada Nasheen” (spiritual successor) but citizenship status remained the deciding factor.

Court’s Reasoning:

• The Supreme Court emphasized the lack of a constitutionally guaranteed right for transporting the remains of a foreign citizen to India, regardless of their prior connection to the country.
• The court clarified that if Ahmad had been an Indian citizen, the plea might have received different consideration.

Implications:

• This decision sets a precedent for similar cases involving the remains of foreign nationals with ties to India.
• It highlights the legal distinction between a person’s birthplace and their citizenship status when dealing with such matters.

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