Mst. SHAHNAZ KAUSAR vs S.H.O., POLICE STATION CIVIL LINE, DISTRICT
This matter arises from a habeas corpus petition filed before the Lahore High Court concerning the alleged illegal detention of Mst. Abeera Bashir. Initially, the police sub-inspector claimed inability to trace the detenue, but following strict judicial directions and the personal appearance of the District Police Officer (DPO) Muzaffargarh and the SHO, the detenue was produced before the court. The core legal question revolved around the whereabouts and voluntary will of the alleged detenue regarding her custody and marriage. The court examined the statement of the detenue, who confirmed that she had contracted a valid Nikah of her own free will and consent with her husband, Syed Shahenshah Bukhari, and expressed a clear desire to reside with him rather than the petitioner. Holding that an adult sui juris person is entitled to reside of her own free will, the court dismissed the habeas corpus petition. The key principle laid down is that the wishes of a sui juris adult regarding their residence and marriage must be respected in habeas corpus proceedings.
- Can a habeas corpus petition be maintained when the alleged detenue expresses a free will to reside with her husband?
- What is the procedure when police officials fail to produce a detenue and provide doubtful explanations?
- Is an adult free to contract marriage and decide her place of residence of her own free will?
ORDER
' Ghulam Rasool, SI has put appearance with the contention that despite best and honest efforts, the alleged detenue namely Abeera Bashir could not be traced. Contentions laid down by the SI seems doubtful, hence it is directed that the DPO Muzaffargarh alongwith the SHO of the concerned Police Station should appear before the Court on 1.30 PM.
' Called again. At this time, Mr. Usman Akram Gondal, DPO, Muzaffargarh alongwith Javed Iqbal SHO of Police Station Civil Lines have attended the Court. If has been informed that just after passing of the above mentioned earlier order, the above named lady was brought in the Court and that she still is available here, When the DPO has been intimated about the above mentioned situation that non production of the lady in the Court during the earlier hours and her subsequent production, when the above mentioned order was passed, amounts that the concerned SI namely Ghulam Rasool was aware of the lady and to achieve some ulterior motive had narrated a wrong story to the Court. The DPO has contended that strict action against the delinquent will be taken. He has specifically been directed that the nasty(s) should not be spared so that all the system should be streamlined and no embarrassm ent may occur to anyone including the Police Department, which is considered and presumed to be a disciplined one.
2. Mst. Abira Bashir has contended she has come to the Court from the house of her husband Syed Shahenshah Bukhari (Respondent No, 2) with whom she according to her free will and consent has contracted 'Nikah' on 5.12.2013. As per request of the petitioner, the lady has been made to sit with here for a reasonable time and when ' the case has again been called, she has categorically stated that she would go and live with her above named husband and not at all with the petitioner.
3. In the light of the above stated situation, the petition in hand has failed and as such dismissed.