P L D 1999 Lahore 396 (PLP)
Mst. FAKHAR-UN-NISA — Petitioner Versus S.H.O., POLICE STATION JATOI,
| Citation | P L D 1999 Lahore 396 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. FAKHAR-UN-NISA — Petitioner Versus S.H.O., POLICE STATION JATOI, |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 1999 Lahore 396 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1999 Lahore 396 (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 1999 Lahore 396 (PLP) (Mst. FAKHAR-UN-NISA — Petitioner Versus S.H.O., POLICE STATION JATOI,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ramzan Khalid for Petitioner.
- Khadim Nadim Malik, Addl. A.-G. for Respondents
- Sardar Tariq Sher Khan for Respondent No.2
- ???????? 4.??????????? Today Masood . Shah respondent is present. Both Shaukat Hayat, SI/SHO and Imadad Shah, A.S.I. Police Station Jatoi, District Muzaffargirh are present. Imdad Shah, ASI has conceded that he was moved by the requests made lA by Masood Shah respondent No.2 to obtain the custody of the minors and thereafter, he proceeded out of sympathy who went to Mst. Fakhar-un-Nisa. obtained the custody of the minors from her and handed over them to their father Masood Shah respondent No.2. He expressed regrets as he has admitted that he had no jurisdiction in the matter. The learned Additional Advocate-General has scrupulously conceded that police has no power to act in the aforesaid manner by recovering the minors from their father or mother and to hand over to the adverse party i.e. mother or father as the. case may be.
Headnotes / Summary
S. 491
Resumption of custody of minors
Police Officer had admitted that he had obtained the custody of the three minor children from their mother (petitioner) and handed over them to their father (respondent) and that he had no jurisdiction to do so
No police officer of any rank was competent to hand over the custody of any minor child from one spouse to the other without the intervention of Court
Such actions taken by police officers were not only violative of law, but were also devoid of any legal ethics and human rights
Petitioner being entitled to get back the custody of her aforesaid three minor children, they were handed over to her in the presence of the respondent who could move the Court concerned to obtain their custody if so advised
Petition was disposed of accordingly with the direction to the police officer to pay an amount of. Rs.2,000 to the petitioner as compensation.
Judgment & Decree
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5. Since Imdad Hussain, A.S.1. illegally proceeded in the matter I would express that it is a matter of alarming nature. No police officer of any rank is competent to hand over the custody of any minor issue from one spouse to the other without the intervention of the Court. These days the police is proceeding with speed in negation of the rule of law. l would express that the following are the provisions whereby the Presiding Officers have been made competent to recover any person from the custody of the other to proceed further in accordance with law :- ??????? (i) According to section 100, Cr.P.C. if any Magistrate of the First Class or Sub-Divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may, issue a search warrant and after recovery of that person he shall be immediately taken before him (Magistrate), who shall make such order as in the circumstances of the case seen proper. ????? (11)??????????? A Guardian Judge/Judge Family Court can also proceed under section 100, Cr.P.C. for the execution of his order for the transfer of custody of the minor from one spouse to the other. ?????? (iii)??????????? Under section 552, Cr.P.C. upon complaint made to a District Magistrate on oath of the abduction or unlawful detention of a woman, or of a female child under the age of sixteen years for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent guardian or other person having the lawful charge of such child, and may compel compliance with, such order, using such force as may be necessary. ???????? (iv)????????? Under section 491, Cr,P.C. the High Court has the power to issue direction of the nature of a habeas corpus for the release of a person illegally and improperly detained by any person including the police or public, ????? (v)? Under Article 199(1)(b)(i) of the Constitution of our beloved country the High Court is competent to set at liberty a person who has been detained without lawful authority or in unlawful manner. ??????????? ???????? 6.??????????? It 'is quite. relevant to express that a police officer after the registration of a criminal case can recover the abductee. He has also to execute the orders of the Presiding Officers and that of the High Court in the aforesaid matters. Without prejudice I am tempted to express that the police officers have become fond of transgression of authority. It is an open secret that police would act illegally and thereafter, would regret as in the instant matter Imdad Hussain, A.S. I. is apologi7in& constantly from the Court as well as from Mst. Fakhar-unNisa petitioner by putting him at the mercy of the Court and expressing that he had no jurisdiction to take the custody of the three minors from the mother and to hand them over to their father. I would rather express that such-like proceedings conducted by. the police officers are not only violative of law, the same are also devoid of any legal ethics and human rights. ????????????
7. In view of the aforesaid aspect of the matter I hold that Mst. Fakhar-unNisa petitioner is. entitled to obtain the custody of her aforesaid three minor issues who have been brought by the S.H.O., Police Station Jatoi, District Muzaffargarh and the same have been handed over to her in the presence of Masood Shah respondent No.2 who may file the petition before the Guardian Judge/Judge, Family Court to obtain their custody and if any suit is instituted thereof the same shall be disposed of keeping in view the welfare of the minors without feeling prejudiced by this order. ??
8. I would record and hold that in this case of transgression of authority on the part of? Imdad Hussain, A.S.I. Police Station, Jatoi, District Muzaffargarh the appropriate and fair compensation must be awarded to Mst. Fakhar-un-Nisa, petitioner after burdening Imdad Hussain A.S.I. thereof. Consequently, I direct Imdad Hussain, A.S' .I. Police Station Jatoi, Dstrict Muzaffargarh to- pay an amount of Rs:2,000 as compensation to Mst.Fakhar-un-Nisa petitioner tomorrow (12-3-1999) for which date this criminal miscellaneous shall be listed. (Sd.) MUHAMMAD NASIM CHAUDHRY, JUDGE. Mst. Fakhar-un-Nisa petitioner in person., ?Imdad Hussain, A.S.I. Police Station Jatoi, ?District Muzaffargarh. An amount of Rs.2,000 has been paid as compensation by Imdad Hussain, A.S.I. to Mst. Fakhar-un-Nisa in the Court-room. Thus, this matter stands disposed of in the aforesaid manner. ?????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????(Sd.) ???????????????????????????????????????????????????????????????????????????? MUHAMMAD NASEEM CHAUDHRY??????????????????????????? JUDGE. N.H.Q./F-83/1???????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed