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Constitutional Petition No.S-843 of 2014, decided on 4th July, 2014.

----Art.199---Constitutional petition---Habeas corpus---Maintainability---Family dispute---Matter in issue was dispute between family of alleged detenue where on one hand there were sons and daughters of detenu from one wife (petitioner) and on the other side there were sons and daughters from other wife of alleged detenu---Contention of petitioner was that, only purpose of filing of petition was to get proper medical treatment of alleged detenue---Validity---Petition was not maintainable under Art. 199 of the Constitution which was dismissed in circumstances. Kamran Shehzad Siddiqui for Petitioner. Ms. Marzia Begum, A.A.-G., Sindh for the State.

Muhammad Hayat Mughal, Advocate files power on behalf of respondents Nos.1 and 2 along with para-wise reply /objection, which are taken on record. Learned counsel for the petitioner submits that nowhere in the petition he has mentioned that petitioner"s father is detained. He further submits that only purpose of filing of this petition was for getting better treatment for the father of the petitioner as well as husband of respondent No.1 and father of respondent No.2. Learned counsel appearing for respondents Nos.1 and 2 submits that Mr. Abdul Wahid Khan is also husband of respondent No.1 and father of respondent No.2 and they would also like to provide best medical treatment to patient. He pointed out that earlier one Khalid Asif had filed a Criminal Miscellaneous Application No.121 of 2014 against respondents Nos.1 and 2, in which it was alleged that Abdul Wahid Khan has been detained by respondents Nos.1 and 2. Copy of such application is also available at page-41 to the memo of this petition. Such petition was disposed of by learned II-Additional Sessions Judge, Hyderabad. In the said order it is mentioned that Abdul Wahid Khan is residing with her wife Mst. Zohra, respondent No.1, at his own freewill and on such situation that application was dismissed. Learned counsel for petitioner was asked that how this petition is maintainable under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 as the dispute is between the family of Abdul Wahid Khan where on the one hand there are sons and daughters of Abdul Wahid Khan from Mst. Zohra and on the other side there are sons and daughters of Mst. Noor Jehan, the first wife of Abdul Wahid Khan. In reply, learned counsel for the petitioner submits that only purpose as mentioned above was to get the proper medical treatment of the patient. In view of the above, in my humble opinion this petition is not maintainable under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The record filed by learned counsel for respondents Nos.1 and 2 show that Ziauddin Hospital itself discharged the patient and according to him patient now has been shifted to Isra Hospital, Hyderabad. He submits that in case petitioner arranges the admission of the patient in some hospital expert in the ailment being suffered by the patient, respondents Nos.1 and 2 shall have no objection to get patient admitted in that hospital. This has been agreed by the parties. Although this petition is not maintainable, such contentions of the parties have been recorded at their request. In case any such arrangement has been made by the petitioner, learned counsel for the petitioner states that he will inform respondents Nos.1 and 2 along with documentary proof of such arrangement. Learned counsel for respondents Nos.1 and 2 submits that medical record of the patient can be transmitted to the learned counsel for the petitioner. In view of above, this petition is dismissed as not maintainable. MH/M-143/Sindh Petition dismissed.

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