P L D 2003 Lahore 53 (PLP)

The brief facts of his writ petition are that petitioner being Superintendent/Incharge of Darul Aman, Lahore subordinate institution of Anjuman-i-Himayat-i-Islam. Punjab, filed the instant Writ Petition stating that the main purpose of establishment of this Institution is to provide shelter to homeless women especially, to those women who because refugee during the creation of Pakistan and their male members were killed in communal disturbances in the year 1947. The rehabilitation of shelter-less women was the main subject of the Institution. Subsequently the said institution started providing shelter to the women who were deserted from their houses due to some reasons and were either kept in Darul Aman under the orders of the Court, of law, or through the office of newspaper or under the order, of the Administrator, Data Darbar. Lahore. The Institution provided these women every facility, fixed, medical treatment and maintenance etc. and a petty amount of Rs.20 was received per day per woman and this institution being a private institution it was patronized by the Social Welfare Department, high ranking officers of the Government and its working has been shown as satisfactory. Since in women who have family disputes or enmity in the criminal matters take refuge in Darul Aman and there are several instances that women had beep murdered while going to Courts or going back to their homes from Darul Aman, therefore, it is the requirement that these shelter-less women who take refuge in Darul Aman should be given the security. A great problem for the institution to women to Court without security measures and if they are not produced then there is an apprehension of proceedings of contempt of Court against the Institution and that the expenses of the women who are kept it Darul Aman at the rats of Rs.20 per day per woman be paid by the Government so that the Institution shall run its function properly and also a direction be given to the concerned officers to make available strict measures to bring the women from Darul Aman.

3. The representative of the Home Department, the Litigation Officer for Secretary (Welfare). Baitul Maal appeared and Mr. Imtiaz Elahi, learned Sate Counsel also assisted the Court in this matter.

4. The Deputy Secretary Home Department, Lahore submitted that the establishment of a permanent post at Darul Aman will be a difficult matter for the Home Department as it will cause financial burden. The learned State Counsel apprised the Court that the Government is in the process of making shelter homes for the destitute women and their children and this will be equipped with the proper security measures.

5. I have heard the learned counsel for the petitioner and the Government functionaries at length. As they have no objection in granting of Rs.20 per day to be paid from Bait‑ul‑Maal, therefore, this issue stands settled.

6. As far as the issue of providing security of the women having shelter at Darul Aman is concerned it is the settled principal of law that State is responsible for safeguarding the liberty, freedom and human life of alt individual. It is also beyond doubt that the women who take shelter at Darul Aman face very controversial and critical situation and enmity between the two litigating parties and sometimes they are under extreme danger or apprehension of loss of human life and they take shelter at Darul Aman, therefore, this Institution even established under a private Institution but from the last decade it is being patronized by the Social Welfare Department, high ranking officers of the Government who can conduct raids arid check and examine the working of the‑Institution. In these circumstances, the safety of the shelter-less women is a duty upon the Government, therefore, the Home Department is hereby directed to make available the police protection to this institution after amending the relevant Rules within three months of issuing of this direction and provide the security measures to Darul Aman and all such Institutions established for this purpose. It is also directed that in case of non‑availability of the amount of Rs.20 per day from the shelter-less woman who is seeking shelter at Darul Aman the said amount be paid from Bait‑ul‑Maal by the Government.

7. Under the above observations this writ petition stands decided.

8. No order as to costs. Q.M.H./M.A.K./Z‑133/L Order accordingly.