2012 PLP 2926 (YLR)

QAISER RASHID KHAN, J.

Through the instant writ petition, the petitioner has sought the release of his sister Mst. Saira, daughter of Ahmad Bakhsh from the custody of Allah Ditta, respondent No.2.

2. Brief facts leading to the instant petition are that the petitioner and the detenue, namely, Mst. Saira, are real brother and sister. On 1-2-2012, the petitioner and the detenue went to see their relative at village Ramak D.I.Khan wherefrom respondent No.2 forcibly abducted the detenue, namely, Saira, and despite his best efforts, the petitioner has been unable to get the release of his sister from the clutches of respondent No.2, hence this petition.

3. The writ petition came up for hearing before this court on 3-5-2012. The learned Additional Advocate-General was directed to contact the S.H.O. of Police Station Paroa to trace and produce the detenue before this court. The same day the S.H.O: of Police Station Paroa, namely, Fatal Rahim Khan Gandapur, attended the court and stated that despite his efforts he had failed to locate the detenue and requested for some time to do the needful and the case was adjourned to 15-5-2012. On 4-5-2012, the said S.H.O. appeared before the court along with the detenue and the respondent No.2. The detenue stated that she was kept in illegal confinement by the respondent No.2 and was maltreated. The S.H.O. was directed to produce her before the Judicial Magistrate to record her statement and then to send her to Dar-ul-Aman in safe custody and to produce her before this court on the date fixed i.e., 15-5-2012.

4. Today, the petitioner, the detenue and her captor, namely, Allah Ditta/respondent No.2, appeared before the court. The S.H.O. also produced the copy of the statement of Mst. Saira recorded before the learned Judicial Magistrate-II D.I.Khan, wherein she stated that she was not married to Allah Ditta son of Mehmood (respondent No.2) and that she had been taken to D.I.Khan forcibly, was treated with cruelty and expressed her unwillingness to go with Allah Ditta. The detenue also narrated her ordeal before this court as to how she was abducted and kept in illegal confinement by the respondent No.2. At this point, the learned counsel for the respondent No.2 stated that the detenue was the lawfully wedded wife of the respondent No.2 and her Nikah was duly solemnized at Chowk Azam Multan and that the petitioner and his sister, namely, Saira belong to a gang who rob the innocent and gullible people of their money and then leave them in the lurch. He also produced an attested copy of a civil suit for the restitution of conjugal rights filed by the respondent No.2 against Saira Bibi pending adjudication in the court of learned Senior ' Civil Judge D.I. Khan.

3. Arguments heard and record perused.

4. The instant case is one among the many unfortunate incidents which take place in our society, out of which some are reported while the others are not even reported for the fear that some harm may be done to the detenue. In the present case, the detenue has recorded her voluntary statement before the learned Judicial Magistrate-II D.I.Khan, wherein she has narrated her brief but certainly a tale of woes. The respondent No.2, Allah Ditta, when brought before the court himself presented a sorry figure. He was a man of about ninety years of age who could hardly hear and understand the proceedings of the court, but still laying claim to a girl, i.e. Saira, who by all estimates was in place of his granddaughter. However, learned counsel for the respondent No.2 insisted that the detenue was his legally and lawfully wedded wife. When asked about some Nikahnama, the learned counsel replied that the Nikah was performed orally and no document to that effect was available.

5. We have also perused the suit for restitution of conjugal rights instituted by the respondent, Allah Ditta on 12-5-2012 which, prima facie, appears to be an afterthought and to save himself from the charge of abduction of the detenue. Thus keeping in view the pitiable advanced age of Allah Ditta, the voluntary statement of the detenue, namely, Saira Bibi and the available record, we allow this petition and direct the learned Additional Advocate General to arrange a police squad to take the detenue and her brother to the area bordering Punjab Province, wherefrom they may proceed to their village.

6. Before parting with this judgment, we have observed that the performance of Fazal Rahim Khan Gandapur S.H.O. is highly appreciable as this happens to be the second occasion where as per the directions of this court he has successfully recovered another detenue. Such officers bring a good name for the department and they deserve to be emulated by the other police officers in uniform. A copy of this judgment shall be sent to the Inspector-General of Police, KPK Peshawar and Deputy Inspector General D.T. Khan for its circulation in the lower tiers of the police department. MWA/326/P Petition allowed.