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Criminal Miscellaneous No. 613 of 1978,decided on 17th July, 1978.
-- S. 491-Habeas corpus-Detenu, a married woman of age, being detained in Darul Aman against her wishes and orders show ing no occasion or reasons therefore-Detenu set at liberty in circumstances.-[ Habeas corpus].
Mrs. Salima Nasiruddin for Appellant/Petitioner.
Usman Ghani Rashid, Addl. A.-G. for Respondents.
Date of hearing : 17th July, 1978.
-The allegation made in this petition was that Mst. Shareefan was being lodged in Darul Aman for over a month by now without any reason, or, rhyme, and against her wishes. Rule nisi was issued, and her statement has been recorded today. She has stated that she has been sent to Darul Aman against her wishes, where she has been living for over a month by now. She has stated that, in between, she had been produced before the Magistrate's Court, and every time she had made a request to be granted freedom, but nothing was done by the Magistrate. Apparently, there was an application also.
2. The detenu appears to be very much of an adult, and, her statement that she is more than 21 years of age is not open to any doubt. If she is a major, it is for her to decide as to what she wants to do, and where she wants to live. She states to be a married woman and has parents, but it is not for anybody else to dictate teens, and we are really-not clear as to how she came to be sent to Darul Aman at all, and what was the occasion for the order which was passed by the Magistrate. Actually it will appear that there have been a number of orders passed, and, if this state of affairs is permitted, the alleged detenu might be in Darul Aman for an indefinite period altogether, an this is against the wishes of the detenu herself.
3. In view of the categorical statement made by the detenu, we allow the petition. The detenu be set at liberty, and it will be for her to decide as to where she wants to go, or, live.
Petition allowed.
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