Muhammad Shakeel Tariq vs S.H.O. And Other
This matter originated as a habeas corpus petition seeking the recovery of an alleged detenu, Mst. Nazia Sadiq, who was purportedly held against her will. The core legal question before the Court was whether the alleged detenu was being unlawfully restrained or held in confinement by the respondents. Upon the execution of a search warrant, the Bailiff reported that the alleged detenu was found at the residence of respondent No. 3 and was not under any form of restraint or threat. When produced before the Court, Mst. Nazia Sadiq categorically stated that she had entered into a marriage with the son of respondent No. 3 approximately six months prior and was residing with her husband voluntarily, without any coercion or duress. Furthermore, she expressly disowned the letters attached to the petition, suggesting they were fabricated by ill-wishers. Consequently, the Court held that no case of unlawful detention was established. The petition was dismissed as the alleged detenu confirmed her voluntary residence and marital status, thereby negating the grounds for habeas corpus relief.
- Does a habeas corpus petition remain maintainable when the alleged detenu confirms they are living voluntarily with their spouse?
- Can a habeas corpus petition be dismissed if the alleged detenu denies being under any restraint or coercion?
ORDER
1. ASIF SAEED KHAN KHOSA, The report submitted by the Bailiff shows that Mst. Nazia Sadiq, the alleged deteun, was found by the Bailiff to be available in the house of respondent No. 3 and she was not found to be under any kind of restraint threat. Mst. Nazia Sadiq has been produced before this Court today and she has categorically maintained that she contracted - marriage with one Basharat son of respondent No. 3 about six months ago and that she is living with her husband without coercion or duress from any quarter. She has also disowned the letters appended with this petition as Annexures A and B and has maintained that the said letters might have been written by somebody who was the alleged detenu's ill- wisher. In view of the stand taken by Mst. Nazia Sadiq, the alleged detune, this petition fails and the same is dismissed.