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Criminal Miscellaneous No.812‑H of 1986/BWP, decided on 10th June, 1986.
‑‑‑S.491‑‑Habeas corpus‑‑Detenu recovered from her abductors, levelling allegations of abduction and rape against them‑‑Case with regard to her abduction by abductors already having been registered‑‑ Detenu as desired by her, allowed to go with her mother, in circumstances.
‑‑‑S.491‑‑Habeas corpus petition‑‑Senior Judge of High Court Bench can entertain a habeas corpus petition at any time or hour in the interest of justice.
On 8‑6‑1986 when the High Court was closed due to Eid holidays Zahur Mai alongwith Dr. Khalid Mehmood Rehmani presented before me at the High Court Rest House, a habeas petition for the recovery of her daughter Shakil Naz aged 13/14 years from the illegal custody of Khalil Ahmad and three other respondents. Weeping bitterly she stated that she was a widow and her young unmarried daughter aged 13/14 years was being illegally detained by the respondents in order to commit Zina‑bil‑Jabr with her and that although she had approached the police yet all in vain. Since matters requiring immediate relief, more particularly, Habeas can be entertained by the Senior Judge of a Bench. at any time and hour of High Court to secure the ends of justice are very vast and indefinite so I entertained the application at the Rest House on the closed day and directed S.H.O. Police Station Kotwali Bahawalpur to recover the alleged detenu from wherever she may be and produce her before me in the Court or at the Rest House on o before 11‑6‑1986. On 9‑6‑1986 i.e. the Eid day at 7‑00 a.m. Khan Muhammad S.H.O. appeared before me at the High Court Rest House. He explained his inability to have recovered the detenu so far but assured that he will continue raids and leave no stone unturned in recovering her. Thereafter, he and Shabir Hussain A.S.I. Police Post Shikarpuri Gate, did not relax to celebrate the Eid with a festive mood but vigorously conducted raids and ultimately succeeded in recovering the young unmarried daughter of a widow from the house of the sister of Muhammad Afzal, last night. They have produced her before me at the High Court Rest House. I have recorded her statement. She has levelled allegations of abduction and rape against Khalil Ahmad, Idrees, Ilyas and Hamid. The Police Officials have informed that a case with regard to her abduction by the respondents has already been registered on 9‑6‑1986. Shakila Naz desires to go with her mother. So, she is allowed to go with her mother.
Before parting with the order I feel inclined to observe that Khan Muhammad S.I. Police Station Kotwali and Shabbir Hussain A.S.I. Incharge Police Post Shikarpuri Gate, Bahawalpur have indeed performed their duty with a deep sense of responsibility and exhibited full seriousness in conducting raids on different places. A copy of 'this order may be sent to S.P. Bahawalpur for appreciation of their work and conduct.
S. G. D. Detenu set at liberty.
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