Mst. DARYA KHATOON vs LOHAR PANHWAR and 14 others
This matter originated as a habeas corpus application filed by Mst. Darya Khatoon seeking the production of her daughter, Mst. Bakhtawar, who was allegedly under illegal confinement, and requesting protection for both the applicant and the detenue. The detenue had previously sustained firearm injuries and was hospitalized under court orders. During the proceedings, the applicant's counsel submitted documents, including a Nikahnama and an affidavit, indicating that the detenue had been discharged from the hospital and had contracted a marriage with one Nazir Hussain Shar of her own free will. The court recorded the statement of the detenue in the presence of her parents. Mst. Bakhtawar confirmed her marriage, expressed her desire to reside with her husband, and stated she faced threats to her life from her brother and his accomplices. The court, satisfied with the detenue's statement, directed the police to provide her with full protection and safe transport to her chosen destination. Consequently, the applicant's counsel did not press the application, and the court disposed of the matter accordingly.
- Can a court direct police protection for a sui juris woman who fears for her life after contracting a free-will marriage?
- Does a habeas corpus application become infructuous once the alleged detenue appears in court and expresses her desire to live with her husband?
- Is a court empowered to record the statement of an alleged detenue to determine her free will in a habeas corpus petition?
ORDER
' KHADIM HUSSAIN M. SHAIKH, J.--- Applicant Mst. Darya Khatoon through this application has sought the following relief:---
(a) This Honourable Court may be pleased to issue rule Nisi for the production of Mst. Bakhtawar daughter of the applicant who is under confinement of respondents Nos.1 to 4 through respondents Nos.10 to 13.
(b) That this Honourable Court further be pleased to record statement of the detenue Mst.
Bakhtawar and after her statement she be allowed to go wherever she likes for all protection purpose.
(c) This Honourable Court further be pleased to direct the respondent No,14 to provide protection to the applicant as she is also under the threat of respondents Nos.1 to 9. Any other relief this Honourable Court deems fit and proper under the circumstances..
2. The alleged detenue Mst. Bakhtawar being seriously wounded due to firearm injuries, allegedly caused to her by her brother Fateh Ali by pistol fires was hospitalized at Civil Hospital, Jacobabad, wherefrom she was shifted to Chandka Medical College Hospital Larkana for her better treatment and security on the orders passed by this Court on 9-4-2009.
3. The learned Advocate for the applicant files statement along with Photostats of the Nikahnama, the affidavit and Discharge-slip issued by Chandka Medical College Hospital Larkana, which are taken on record.
4. Learned Advocate for the applicant has contended that Mst. Bakhtawar was discharged from C.M.C. Hospital Larkana on 20-4-2009 that on the following day she contracted marriage with Nazir Hussain son of Darban Khan Shar with her own free-will and her Nikah was performed with Nazir Hussain Shar at Khairpur Mirs and that she had also sworn her affidavit dated 24-4-2009 to that effect before Civil Judge and Judicial Magistrate Faiz Gani.
5. The statement of Mst. Bakhtawar has been recorded in presence of her father Ghulam Nabi alias Lohar and her mother Mst. Darya Khatoon, Mst. Bakhtawar in her statement has categorically stated that she has contracted marriage with Nazir Hussain Shar on her own freewill and she is living with him happily that she wants to go with her husband Nazir Hussain Shar who is also present in Court and that she may be provided protection as she has danger to her life at the hands of her brother Fateh Ali and his accomplices. The above police officers present in Court are directed to provide full protection to Mst. Bakhtawar and transport her to the place of her choice safely.
6. In view of the above position, the learned Advocate for the applicant states that the purpose of this application has been served, therefore, he does not press this application.
' This application is disposed of in the above terms. .