Find a Lawyer

Criminal Miscellanous No. 81/H of 1984, decided on 9th June, 1984.

----S. 491‑‑Petitioner sent to Dar‑ul‑Aman‑‑F.I.R. lodged against one ducting and committing Zina‑bil‑Jabr, with petitioner Petitioner A for filed writ petition claiming herself lawful wife of 'A'‑‑Petition disposed of by directing her to appear before Investigating officer‑‑Con her statement adverse to prosecution, Ore was produced before Political Assistant before whom too petitioner repeated her earlier statement‑ Petitioner detained in Dar‑ul‑Aman in spite of her statement before Investigating Officer and Political Assistant‑‑Petitioner being a major woman, not involved in case and only a material‑witness in abduction case, order detaining her against her wishes in Dar‑ul‑Aman, held, without lawful authority.

Mst. Zohra alias Munawar Bibi v. The State 1983 P Cr. L J 1284 rel

Asif Saeed Khan Khosa for Petitioner.

Date of hearing: 9th June, 1984.

This petition under section 491, Cr.P.C. is directed against the order, dated 31‑5‑1984 passed by the Political Assistant, D.G. Khan the detention of Mst. Khanzadi petitioner in Dar‑ul‑Aman Multan till 9‑6-1984 and for her production before him on 10‑6‑1984 for recording tier statement.

2. The facts in brief are that on 4‑5‑1984 the petitioner's brother Sahiban filed an application before the Deputy Commissioner, D.G.Khan complaining that the petitioner had been forcibly abducted by Abdul Sattar etc. on the night between 24/25‑4‑1984. A case F.I.R. No.31 was registered against Abdul Sattar etc. under the offence of Zina (Enforcement of Hudood) Ordinance, 1979 on 4‑5‑1984 for committing Zina‑bil‑Jabr with the petitioner. According to the petitioner she had not been abducted by anybody nor subjected to Zina‑bil‑Jabr but on the other hand had contracted lawful marriage with Abdul Sattar of her own free accord. The, petitioner filed W.P. No. 627/84 against Daffadar Border Military Police Post Chitarwata, District D.G. Khan alleging unlawful harassment at the hands of the police. The petition came up before my learned brother Qurban Sadiq Ikram, J. who disposed of the same on, 30‑5‑1985 observing, "that the petitioner Mst. Khanzadi who was an important witness in the case will appear before the Investi gating Officer who will act and deal with her according to law." It is alleged that when on, 31‑5‑1984 she appeared before respondent No.3 (the Investigating Officer) with a copy of the order passed by the High Court in W.P.627/84 her statement was recorded in which she categorically stated that F.I.R. was false and that nobody had abducted her or committed Zina with her and that she had willingly contracted Nikah with Abdul Sattar after getting a written divorce from her former husband Khan Muhammad. Considering the said statement as adverse to the prosecution case, the Investigating Officer produced her before the Political Assistant D.G.Khan respondent No.2 or the said date i.e. on 31‑5‑1984 before whom too the petitioner repeated her statement on which respondent No.2 directed that she should be detained in Dar‑ul- Aman till 9‑6‑1984 and he again produced before him on 10‑6‑1984 for recording her statement.

3. The order of respondent No.2 is assailed on the ground that the petitioner being a major woman and a witness only in a criminal case could not be sent to Dar-ul‑Aman against her wishes.

4. Admittedly, the position of the petitioner was that the material witness in the abduction case. Her sending to Dar‑ul‑Aman against her wishes is clearly without lawful authority and legal backing. She is a major woman and was not involved in a case, so how could she be sent to Dar‑ul‑Aman. The same view was expressed in Mst. Zohra alias Munawar Bibi v. The State 1983 P Cr. L J 1284.

5. In the above circumstances, the petition succeeds and the order passed by respondent No.2, dated 31‑5‑1984 is declared to be without any lawful authority and in consequence the petitioner is ordered to be set at liberty immediately. She will, however, join the investigation as and when required.

Copy of the order be sent to the Superintendent Dar‑ul‑Aman, Multan for setting the petitioner at liberty.

M. A. K. Petition accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.