2007 PLP 393 (YLR)
Mst. SAIMA and 2 others — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION GHULAM MUHAMMAD ABAD, FAISALABAD and another — Respondents
| Citation | 2007 PLP 393 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | Mst. SAIMA and 2 others — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION GHULAM MUHAMMAD ABAD, FAISALABAD and another — Respondents |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 2007 PLP 393 (YLR)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 393 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 393 (YLR) (Mst. SAIMA and 2 others — Petitioners Versus STATION HOUSE OFFICER, POLICE STATION GHULAM MUHAMMAD ABAD, FAISALABAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Imtiaz Mahl for Petitioner.
- Ch. Imtiaz Ahmad Loona for Respondent No.2.
- Ch. Khurshid Anwar Bhinder, Addl. Advocate-General.
Headnotes / Summary
S.11
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Quashing of F.I.R.
Female accused and her spouse were sui juris
Female accused had contended that she was not abducted and that she, out of her own sweet-will, had married with male accused; and that she was in a family way and would like to continue living with her husband/co- accused
Petitioners being sui juris were living as husband and wife through a legal marriage
F.I.R. could not proceed against accused on the basis of what was averred by complainant side and their statements in the Court
Accused could not be arrested for said marriage--Deputy Superintendent of Police (Legal) concerned would proceed further in the matter in accordance with law and petitioners would not be arrested without permission of the High Court. Ch. Khurshid Anwar Bhinder, Addl. Advocate-General. Shahid Hussain, Inspector/S.H.O., Police Station Ghulam Muhammad Abad with Khalid Mehmood, A.S.-I./I.O.
Judgment & Decree
ALI NAWAZ CHOWHAN, J.
Mst. Saima and Muhammad Nadeem, her spouse, are before this Court. Apparently they are sui juris. Mst. Saima when questioned, stated that she was not abducted and that she out of her sweet-will has married with Muhammad Nadeem standing besides her. She went on to say that she is now in a family way and would like to continue living with her husband, Muhammad Nadeem. Explaining the causes of the petition, Mst. Saima stated that the police were opposed to this marriage and, therefore, they have registered this case not only against Muhammad Nadeem and herself but also against others fabricating the story. Since the petitioners are sui juris and are living as husband and wife through a legal marriage, the two questions which arise are whether this F.I.R. can proceed against them on the basis of what is averred by the complainant side and whether after their statements in the Court voluntarily made, can they be arrested for this marriage? The answers for both these questions are in the negative. Consequently, the Investigating Officer in this case, who happens to be an A.S.-I., is directed to show a copy of this order to the D.S.P. (Legal) of his area and who should proceed further in the matter in accordance with law while sending a report to this Court within 7 days from today on the action taken by him and in case he has any difficulty, he may consult the District Attorney but within the specified period already given. Meanwhile the petitioners shall not be arrested without the permission of this Court. With these observations, this writ petition is disposed of. H.B.T./S-82-L Order accordingly.