P L D 1997 Karachi 309 (PLP)
Mst. GULZARAN ‑‑‑ Petitioner Versus AMIR BAKHSH and 6 others‑‑‑Respondents
| Citation | P L D 1997 Karachi 309 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. GULZARAN ‑‑‑ Petitioner Versus AMIR BAKHSH and 6 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in P L D 1997 Karachi 309 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1997 Karachi 309 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1997 Karachi 309 (PLP) (Mst. GULZARAN ‑‑‑ Petitioner Versus AMIR BAKHSH and 6 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nadir Hussain for Petitioner.
- We issued notice to the Additional Advocate-General who was sitting in the Court and he waived the same, and conceded that the petitioner has a genuine grievance which may be solved by issuing proper directions. Learned Additional Advocate-General undertook to inform S.S.P. Badin and S.S.P., Mithi for protection to the petitioner so that she may safely reach the Court at Tando Bago and institute the suit or initiate appropriate legal proceedings. He also undertook that by telephone and fax such instructions will be conveyed. After the undertaking was given by the Additional Advocate-General by invoking our powers under the Constitution for protection of fundamental rights, we ordered that the protection be afforded to the petitioner and directions are issued to the Additional Advocate-General to convey our orders by telephone and tax to S.S.P., Badin and S.S.P., Mithi and particularly they must ensure her safe passage to the Court at Tando Bago iittd restrain S.H.O., P.S. Pangrio tatuka Tando Bago and S.H.O., P. S. Kaloi, Taluka Deplo, District Mithi not to harass the petitioner in any manner whatsoever In addition to the Additional Advocate-General we direct the Additional Registrar of this Court to convey such orders to S.S.P., Badin and S.S.P., District Mithi by fax/phone.
- ' A copy of this order shall be given to the petitioner and another copy to her Advocate Mr. Nadir Hussain, they shall inform S.S.P., Badin after instituting the suit or other legal proceedings so that the purpose of this order is served.
Headnotes / Summary
Arts. 199, 11, 14 & 2A
Constitutional petition
Fundamental Rights, protection of
Petitioner, a lady, apprehended her sale by her father for a consideration of Rs.1,00,000 who was indebted to a Zamindar and she having been married to a minor wanted to approach the Family Court for getting her unlawful marriage dissolved
Petitioner, however, apprehended her abduction by her father in collusion with the influential persons of the area and certain police officers and she approached the High Court for protection seeking necessary restraint orders
Articles 11 & 14 of the Constitution had prohibited slavery and trafficking in human being making their dignity inviolable
Dignity and liberty had been bestowed upon every human being by God Almighty and all the organs of the State had been charged to adopt Islamic way of life by induction of Art. 2A in the Constitution which has adopted the Objectives Resolution as its substantive part
Apprehensions of the petitioner being genuine, High Court invoking its powers under the Constitution for protection of fundamental rights ordered for providing her protection and ensuring her safe passage to the concerned Family Court
Police Officers of the District were also restrained from harassing the petitioner in any manner whatsoever--Constitutional petition was disposed of accordingly.
Judgment & Decree
1. Granted.
2. The petitioner has filed this petition in which she alleges that the respondent No. l who is her father will sell her at Rs.1,00,000 as the respondent No. l is indebted to Mushtaq Ahmed Zamindar. She says that she has been' married to respondent No.2 who is a minor and wants to seek divorce from such husband as the marriage was not lawful and she wants to approach the Court in Tando Bago. However, she apprehends that the respondent No. l in collusion with the influential persons of the area and the police officers namely S.H.O. police Station Pangrio, Taluka Tando Bago, District Badin and S.H.O., P.S. Kaloi Taluka Deeplo, District Mithi may abduct her, therefore, she has approached this Court .for protection seeking restraint orders that the respondent No.l be restrained from selling her and also pass the orders that she may reach Family Judge Tando Bago, District Badin for filing legal proceedings for jactitation of her marriage and further direct the respondents Nos.5 and 6 to afford protection by issuing instructions to all Police Officers within their districts not to harassher and that she may be able to reach the Court without any let or hindrance. Article 11 of the Constitution prohibits slavery and trafficking of human beings. Article 14 of the Constitution dictates that dignity of human beings shall be inviolable. Dignity and liberty are bestowed upon every human being by God Al-mighty. In Islamic Republic of Pakistan all organs of the State have been charged to adopt Islamic way of life by virtue of induction of Article 2A in the Constitution which adopts Objectives Resolution to be the substantive part of the Constitution. We issued notice to the Additional Advocate-General who was sitting in the Court and he waived the same, and conceded that the petitioner has a genuine grievance which may be solved by issuing proper directions. Learned Additional Advocate-General undertook to inform S.S.P. Badin and S.S.P., Mithi for protection to the petitioner so that she may safely reach the Court at Tando Bago and institute the suit or initiate appropriate legal proceedings. He also undertook that by telephone and fax such instructions will be conveyed. After the undertaking was given by the Additional Advocate-General by invoking our powers under the Constitution for protection of fundamental rights, we ordered that the protection be afforded to the petitioner and directions are issued to the Additional Advocate-General to convey our orders by telephone and tax to S.S.P., Badin and S.S.P., Mithi and particularly they must ensure her safe passage to the Court at Tando Bago iittd restrain S.H.O., P.S. Pangrio tatuka Tando Bago and S.H.O., P. S. Kaloi, Taluka Deplo, District Mithi not to harass the petitioner in any manner whatsoever In addition to the Additional Advocate-General we direct the Additional Registrar of this Court to convey such orders to S.S.P., Badin and S.S.P., District Mithi by fax/phone. ' A copy of this order shall be given to the petitioner and another copy to her Advocate Mr. Nadir Hussain, they shall inform S.S.P., Badin after instituting the suit or other legal proceedings so that the purpose of this order is served. The protection . accorded in this petition shall remain valid till 19-3-1997. With the above observations this petition is disposed of. N.H.Q./G-26/K Petition accepted.