Fida Hussain vs S.S.P Tharparkar and others
This criminal miscellaneous application was filed under Section 491 of the Code of Criminal Procedure 1898 by the applicant, Fida Hussain, seeking the recovery of his wife, Mst. Sain, who was allegedly detained by her parents. Pursuant to court directions, the official respondents produced the alleged detenue along with a recovery report. The core legal question concerned the legality of the alleged detention and the remedy of habeas corpus. Upon inquiry, the alleged detenue—a sui juris lady—unequivocally denied the allegations of unlawful detention, expressed her desire to reside with her father, and stated she did not wish to accompany the applicant. The Sindh High Court held that since the detenue is a sui juris person acting of her own free will and desired to go with her father, no case of illegal detention was made out. Consequently, the habeas corpus application was disposed of, with directions issued to the police to ensure the safety and protection of the detenue from any potential harassment.
- Does a habeas corpus petition lie under Section 491 of the Code of Criminal Procedure 1898 when an alleged detenue, being a sui juris, states she is not under illegal detention and wishes to go with her parents?
- What is the primary purpose of Section 491 of the Code of Criminal Procedure 1898?
- Can a court set a sui juris person at liberty to go wherever she desires upon her statement expressing her free will?
- Section 491, Code of Criminal Procedure 1898
ORDER
Adnan-ul-Karim Memon, J. The applicant Fida Hussain claimed that his wife has been detained by her parents and sought her immediate recovery, and due to this reason, this court vide order dated 12-09-2024 directed the official respondents for the production of the alleged detenue before this court.
2. In compliance with the court's order, SIP Kamal Samejo of P.S Chachro has produced alleged detainee Mst. Sain along with a report and memo of recovery. On query, Mst. Sain denied the allegations leveled by the applicant and submitted that she does not want to go with the applicant for the time being; and, intended to go with her father. Since, the alleged detainee is a sui juris lady and wants to go with her father, she is at liberty to go wherever she desires.
3. Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they are being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice.
4. Before parting with this order it is directed that the Police officials shall protect Mst. Sain and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly.
5. In view of the statement of the alleged detenee, no case of illegal detention is made out and the purpose of filing the instant Criminal Miscellaneous Application under section 491 Cr. P.C. has been served; therefore, the same stands disposed of.