Supreme Court Orders Exhumation of a Corpse Buried… 24 Years ago!

The Supreme Court, through a judgment delivered by Justice Véronique Kwok Yin Siong Yen, has ordered the exhumation of the remains of the late Abdullah Rossan Ally Peer Ally Khan, who was buried on December 23, 1999, in the Muslim community section of the Phoenix cemetery.

The purpose is to conduct a forensic analysis to determine the father-daughter relationship in a paternity case brought by Nushrat Bundhoo.

The case has been ongoing for years, with a previous judgment in 2014 concluding that Bundhoo is the daughter of the deceased.

The case had been appealed to the Privy Council, which referred it back for a new hearing that considers both sociological and scientific evidence.

The judge clarified that consent from the deceased is not necessary for a DNA test. The exhumation is not a health risk as the cause of death has been established.

The judge emphasized the Supreme Court’s power to administer justice and concluded that a post-mortem DNA test is appropriate given the legitimate interest in determining biological identity.

The case will proceed with arguments scheduled for March 22, 2024.

Source: Le Mauricien