1996 P Cr (PLP)

Date of hearing: 7th July, 1996. On my query Mst. Jameela has intimated that Muhammad Ameen is the Dewar' of her elder sister Mst. Shakeela and that he did not abduct her at any time. She has intimated that Zahoor Ahmad is her ' Behnoi' and that she was taken away from her mother's house about 20 days before.

2. She has informed that she instituted a suit for the dissolution of marriage against her husband Maqbool when she was living in the house of her mother Mst. Sakina which is fixed for 28-7-1996 before the Family Court. The aforesaid facts have made me to pass the following order to dispose of this petition.

3. Mst. Sakina petitioner is the mother of Mst. Jameela who is stated have been married to Maqbool respondent No.2. Due to strained relations Mst. Jameela came back from the house of her husband and started living in the house of her mother Mst. Sakina. She instituted a suit for dissolution of marriage which is pending.

4. According to Mst. Sakina petitioner, on 18-6-1996 respondents Nos 2 to 6 forcibly removed Mst. Jameela against her wishes from her house. Mst. Sakina filed this petition under section 491, Criminal Procedure Code for the: recovery of her daughter Mst. Jameela from the alleged illegal and improper custody of respondents Nos.2 to 7.

5. On 4-7-1996 the respondent party including Bashir Ahmad S.-I S.H.O., Police Station Basti Malook took up the stand that Muhammad Manzoor, a brother of Maqbool, got recorded F.I.R. No. 132 dated 4-6-1996 Police Station Basti Malook, District Multan, under Article 16 of the Offence Tina (Enforcement of Hudood) Ordinance, 1979, and that Mst. Jameela was recovered from the house of the said accused Muhammad Ameen, who w; handed over to her husband Maqbool respondent of this matter.

6. Today Mst. Jameela has specifically intimated that she was not abducted by Muhammad Ameen (Dewar of her elder sister Mst. Shakeela), that she was living with her mother when she instituted the suit for the dissolution of marriage and that thereafter she was removed from her mother's house. In this view of the matter it can safely be expressed that the concerned police has transgressed its authority by registering the aforesaid Crime Case No.132/96 at Police Station Basti Malook under Article 16 of the Offence of Zina Enforcement of Hudood) Ordinance, 1979, to proceed in the matter in favour of respondents Nos.2 to 7 so that under its garb Mst. Jameela is recovered and handed over to them otherwise than due process of law. It is simply an abuse of process of law on the part of the Police, Police Station Basti Malook, district Multan. According to me it is an honour and gift from God to wear the police uniform as a Police Officer is in a better position to serve the mankind. However, he should also bow before the Almighty God and must be afraid of him. In this Islamic State the women cannot be treated as chattel in this manner by the Police Officer of any rank. In this view of the matter I quash F.I.R. No. 132 registered at Police Station Basti Malook on 4-6-1996 under Article 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and E obviously this judgment shall also be applicable to any other provision of Penal 1,aw added/substituted in the aforesaid F.I.R. Consequently aforesaid F.I.R. No.132/96 registered at Police Station Basti Malook stands eclipsed and no investigation can be and shall be conducted in the matter.

7. In view of the aforesaid aspect of the matter I hold that Mst. Jameela is detenu in the eyes of law who is entitled to be released and I pass an order accordingly. Hence I would like to pass the order that Mst. Sakina petitioner is 1 entitled to have the custody/person of her daughter Mst. Jameela. She has been handed over to her mother Mst. Sakina petitioner and she shall take her to her house/place of choice. Both the Police Officers have been directed to escort Mst. Sakina petitioner and her daughter Mst. Jameela released detenu to the house of the petitioner.

8. Qamar Abbas, A.S.-I. present in Court has been warned not to act in this manner in future because he has taken the law in his hands to illegally help Manzoor complainant and his brother Maqbool (respondents) for the reasons best known to him. N.H.Q./S-48/L??????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed.