2002 PLP 249 (SCMR)
Mst. AISHA BIBI‑‑‑Petitioner Versus Mst. PERMILA CLAMENCE and another‑‑‑Respondents
| Citation | 2002 PLP 249 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed, Ch. Muhammad Arif and Qazi Muhammad Farooq, JJ |
| Parties | Mst. AISHA BIBI‑‑‑Petitioner Versus Mst. PERMILA CLAMENCE and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 249 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 249 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed, Ch. Muhammad Arif and Qazi Muhammad Farooq, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 249 (SCMR) (Mst. AISHA BIBI‑‑‑Petitioner Versus Mst. PERMILA CLAMENCE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shahid Hussain Kadri, Senior Advocate Supreme Court and Tanvir Ahmed, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
Judgment & Decree
SH. RIAZ AHMED, J.‑‑‑The petitioner seeks leave to appeal against the judgment and order, dated 11‑6‑2001 delivered by the learned Single Judge of the Lahore High Court, Lahore, whereby Mst. Aisha Bibi was ordered to be lodged in the Darul Aman.
2. Facts of the casein brief are that Mst. Aisha Bibi, who was a Christian, has embraced Islam and being a sui juris married with Maqsood Ahmed. The relatives of the petitioner did not accept conversion of her faith into Islam and her uncle Arisin lodged an F.I.R. against the petitioner and others. The petitioner moved a petition before the High Court for quashment of the F.I.R. wherein a learned Judge of the High Court directed for constitution of a Medical Board to determine the age of the petitioner and the Board unanimously opined that the petitioner was 18 years of age. Respondent No.1 then filed Criminal Miscellaneous No.839‑H of 2001 before the High Court wherein a learned Judge directed that the petitioner be lodged in Darul Aman. According to the learned counsel the F.I.R. lodged against the petitioner and others has been discharged. The learned counsel further submitted that the order impugned affects the liberty of the petitioner by lodging her in the Darul Aman. Furthermore, she is at advance stage of pregnancy.
3. Under these circumstances we grant leave to appeal. Meanwhile operation of the impugned order shall remain suspended. N.H.Q./A‑161/S Leave to appeal granted.