Pakistan Case Law
2009 P Cr. L J 603

Mst. AZIZA vs DISTRICT POLICE OFFICER, MIRPURKHAS and 8 others

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Citation2009 P Cr. L J 603
CourtSindh High Court
Case No.Constitutional Petition No,S-31 of 2008
Date2008-03-28
Judge(s)Abdur Rehman Faruq Pirzada
ResultOrder accordingly
Summary

This constitutional petition was filed by the petitioner seeking legal protection against alleged harassment by private respondents, following a private 'Faisla' where she was declared 'Kari'. The core legal question concerned whether the petitioner was entitled to protection from the state against potential harm arising from this extra-legal declaration. During the proceedings, the official respondents (District Police Officer and others) appeared and submitted that no harassment had been caused to the petitioner, nor would any be caused in the future. They further assured the Court that any necessary legal action would be taken strictly in accordance with the law and that legal protection would be provided to the petitioner as and when required. In light of these categorical statements made by the official respondents and the State Counsel, the petitioner expressed satisfaction with the assurances provided. Consequently, the Court disposed of the petition as not pressed, holding that the state's assurance to act in accordance with the law and provide protection upon request sufficiently addressed the petitioner's grievances.

Questions settled in this judgment
  • Does a statement by official respondents assuring compliance with the law and provision of protection render a petition for harassment infructuous?
  • Is a petitioner entitled to state protection when threatened by a private extra-legal decision?
harassmentlegal protectionKariconstitutional petitionofficial respondentsextra-legal Faisla

ORDER

1. ' ABDUR RAHMAN FARUQ PIRZADA, J.--- The statements on behalf of respondents Nos.1 and 3 are filed, which are taken on record. It has been stated that no harassment has been caused to the petitioner, nor any harassm ent will be caused in future, and if at all any action is to be taken, the said action will be taken strictly in accordance with law.

2. By this petition, the petitioner has also prayed for legal protection to be provided by the official respondents, since she apprehends danger from the side of private respondents, as according to her, she was declared as "Kari" in a private Faisla. However, the official respondents present in Court, as well as the learned State Counsel make statement that any legal protection would be provided to the petitioner, as and when required.

3. ' In view of the above statement, learned counsel for petitioner along with petitioner expresses satisfaction, and does not press this petition, which is accordingly disposed of.

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