1987 PLP 138 (SCMR)
MUHAMMAD AZEEM and another‑‑Petitioners Versus TALIB HUSSAIN and another Respondents
| Citation | 1987 PLP 138 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. A. Nusrat, JJ |
| Parties | MUHAMMAD AZEEM and another‑‑Petitioners Versus TALIB HUSSAIN and another Respondents |
| Primary Law | Constitution opt Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 138 (SCMR)?
This judgment primarily cites: Constitution opt Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 138 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 138 (SCMR) (MUHAMMAD AZEEM and another‑‑Petitioners Versus TALIB HUSSAIN and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qadeer Ahmed Siddiqui, Advocate Supreme Court instructed by S. Abdul Aasim Jafri, Advocate‑on‑Record (absent) for Petitioners.
- Nemo for Respondents.
- Date of hearing: 18th October, 1986.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court Multan Bench, dated 11‑9‑1986/28‑9‑1986). ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 364‑A‑‑Abduction of child‑‑Mother apprehending murder of minor‑‑High Courts' order for production of child through police and registration of case against accused under 5.364‑A, P.P.C. challenged‑‑Minor not having been produced, facts of case did not justify any interference no e‑ ‑Petition for leave to appeal dismissed.
Judgment & Decree
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 364‑A‑‑Abduction of child‑‑Mother apprehending murder of minor‑‑High Courts' order for production of child through police and registration of case against accused under 5.364‑A, P.P.C. challenged‑‑Minor not having been produced, facts of case did not justify any interference no e‑ ‑Petition for leave to appeal dismissed. Qadeer Ahmed Siddiqui, Advocate Supreme Court instructed by S. Abdul Aasim Jafri, Advocate‑on‑Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 18th October, 1986. S. A. NUSRAT, J.‑‑A minor child aged six months was taken away from the lawful custody of Mst. Shahnaz, wife of the first petitioner, by one Jamil with the connivance of petitioners Nos. 1 and
2. This was done when Mst.Shahnaz was brought to the High Court in connection with the hearing of habious carpus petition moved by her father for her recovery. The learned Court ordered the production of the child through police but no avail. The statement of Mst. Shahnaz was recorded who expressed apprehension that her child may not be killed as earlier in‑laws had killed her first daughter. The impugned order was passed in the background of the above facts directing that a case under section 364, P.P.C. should be registered against the petitioners.
2. The minor has not been produced so far and the facts of the case do not justify any interference. The petition is dismissed. M. I. Petition dismissed.