1980P Cr (PLP)

Muhammad Khan for the State. Yesterday at the time of hearing the learned counsel for the, complainant showed a robkar indicating that the challan had been forwarded to the Military Authorities for trial and thereby impliedly indicated that this Court had no jurisdiction.

2. I have noticed in many orders passed by the Subordinate Judicial Officers that it has become a routine with the Investigating Officers to stat before them that the case had been forwarded or was being forwarded t the Military Authorities for trial by a Military Court and on such bar statements the lower Courts refrain from exercising their own jurisdiction.

3. The lower judiciary should not take notice of any such statement until and unless a written order within the meaning of Article 212‑A of the Constitution of the Islamic Republic of Pakistan has been passed in writing by a competent authority and is produced in Court and the same indicates that a Military Court had in fact taken cognizance of the case or that a decision has been taken to hold a trial by a Military Court. Complaints of blackmail and extortion against the Investigating Officers on the threat of trial by a Military Court were so widespread that there was a pointed, reference to this aspect in the address to the Nation by the Chief Martial Law Administrator himself.

4. I called upon the learned Advocate‑General to find out the position in this case and the learned Assistant Advocate‑General has intimated that the case has been sent to the ordinary Courts for trial.

5. I have been taken through the first information report, the medico-legal examination as well as the order of the learned Sessions Judge allowing bail to the co‑accused and the letters alleged to have been written by and to Mst. Azra, the alleged abductee.

6. The story of her forcible abduction in a rickshaw from a thickly populated area of Lahore i.e. Muslim Ganj and then their proceeding to Darbar Data Sahib for salam and prayer, and thereafter to a house situate in Chhota Mufti Baqir (very thickly populated area) prima facie does n convince me of the "forcible or deceptive part of the version". Mst. Azr is a major girl and the first information report was lodged with a delay 01B 30 hours and the medico‑legal report of this "virgin" girl indicates "No mark of violence on any part of the body. Hymen absent. Healed hyminal, tears at 3, 9, 7 and 8 O'Clock position. Vagina capacious. Admitted two fingers easily, two vaginal swabs taken and sent to the Chemical Examiner for semen analysis." When the learned counsel for the complainant was questioned as whether in his opinion the medical examination indicated first sexual inter course, his reply was that he could say nothing. In the circumstances, it is a matter of further enquiry as to whether the petitioner seduced Mst. Azra Parveen or she seduced the petitioner or a to whether on the alleged day there had in fact been any sexual intercour between them. In this view of the matter, the petitioner is admitted to bail in the sum of Rs.10,000 with two sureties each in the like amount to the satisfaction of Ilaqa Magistrate. S. A. H. Bail alto wed.