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Criminal Miscellaneous Application No. 29 of 1982, decided on 3rd February, 1982.
---‑‑S. 491‑Habeas corpus‑--‑Detenu as well as her father denying alleged marriage with respondent ‑ Detenu stating to have been forcibly detained by respondent and not willing to go back with him but with her father--‑Detenu aged 19 years set at liberty to go wherever she liked‑Safety of detenu being apprehended necessary police escort provided.‑[1968 P Cr. L J 1750 ; P L D 1971 Lab. 128 ; P L D 1972 Lab. 809 and P L D 1972 S C 6 held not applicable].
1968 P Cr. L J 1750 ; P L D 1971 Lah. 128 ; P L D 1972 Lah. 809 and P L D 1972 S C 6 held not applicable.
S. Madad Ali Shah for Petitioner.
Muhammad Ali Shaikh for Respondent No. 1.
Sayeed A. Shaikh, A: G. for the State.
Date of hearing : 3rd February, 1982.
Detenu Mst. Rani is present in Court and her statement has been recorded, so also the statement of her father Abdul Rehman, who is also present in Court.
Learned counsel for respondent No. 1 states, that since respondent has produced photo copy of his Nikahnama with the detenu and since the present petitioner is neither the father nor her husband, but according to the respondent is a paramour of detenu Mst. Rani, the possession of the detenu must be restored back to respondent No. 1 and in support of these conten tion, learned counsel has relied upon cases 1968 P Cr. L J 1750 ; P L D 1971 Lab. 128 ; P L D 1972 Lab. 809 and P L D 1972 S C 6.
On the other hand learned counsel for the petitioner submitted, that detenu as well as her father have denied alleged marriage of the detenu to respondent No. 1 and the detenu in her statement before this Court has stated that she has been forcibly detained by respondent No. 1 against her wishes, after disappearance of her husband and she is not willing to go back with him and wants to go with her father and furthermore since prima facie, the detenu is major and baligh, therefore, she may be set at liberty and be permitted to go wherever she likes.
I have carefully considered the above submissions made by the learned counsel for the parties. I have also gone through the authorities cited by the learned counsel for the respondent No. 1 and in my opinion these authorities are based on different facts and as such are not applicable to the present case. In the present case, not only detenu has denied the marriage with respondent No. 1, but her father also in his statement on oath; before This Court, has denied this fact. It may be noted that detenu in answer to the question of the learned counsel for respondent No. 1 denied that she wanted to go with the petitioner or want to get married to him, but she wants to go to her parents' house. Detenu is 19 years old and as such I set her at liberty and she is free to go wherever she wants.
The above application stands disposed of in terms of the above order.
Learned counsel for the petitioner submits that respondent No. 1 who is present in Court has come with large number of people and as such he apprehends about the safety of the detenu and consequently he requests that she may be granted police protection upto Railway Station as she wants to go with her father. The Deputy Registrar of this Court is hereby directed to arrange for necessary escort for detenu out of City of Karachi.
Order accordingly.
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