Mst. Sadia vs I.G Police Sindh and others
Mst. Sadia filed a Criminal Miscellaneous Application under Section 491 of the Code of Criminal Procedure 1898 before the Sindh High Court, seeking the recovery and production of her adopted daughter, Mst. Noshaba, allegedly detained by private respondents. The core legal question concerned the alleged illegal detention and freedom of movement of the detainee. Upon production, the alleged detainee, being a sui juris, expressed her desire to live with the applicant and alleged torture and lack of consent regarding her stay with the respondents. The Court held that since the detainee is a sui juris, she is at liberty to go wherever she wants, and directed the concerned SHO to look into her allegations and ensure she receives due protection against harassment. The key principle laid down is that a sui juris individual possesses the absolute liberty to choose their place of residence and companionship, and the court under habeas corpus jurisdiction will protect such autonomy while directing local authorities to prevent harassment.
- Can a habeas corpus application under Section 491 of the Code of Criminal Procedure 1898 be maintained for the recovery of a person allegedly detained by private respondents?
- Is a sui juris detainee at liberty to choose where to reside and whom to accompany when produced before the court?
- What directions can the court issue to the police authorities regarding the protection of a sui juris person alleging harassment and illegal detention?
- Section 491, Code of Criminal Procedure 1898
ORDER
Adnan-ul-Karim M em on, J. Applicant Mst. Sadia has filed this Criminal Miscellaneous Application under section 491 Cr.P.C seeking direction to the police officials to recover and produce her adopted daughter Mst. Noshaba before this Court, who was illegally and improperly detained by private respondents No.4 to 11 at their house situated in village Sirai Muhammad Jumman Khaskheli, District Khairpur.
2. Today alleged detainee Mst. Noshaba has been produced by her mother Mst. Farzana. On query, she states that she has been detained without her wish and will and torture has been inflicted upon her and now she wants to live with applicant Mst. Sadia, who is present before this Court. She also seeks protection. Since alleged detainee Mst. Noshaba is a sui juris lady, hence she is at liberty to go wherever she wants. However, the allegations of Mst. Noshaba shall be looked into by the SHO concerned and due protection shall be provided to her to the effect that no harassment shall be caused to the applicant as well to Mst. Noshaba.
3. The private respondents are warned to be careful while dealing with Mst. Noshaba and if any sort of harassm ent is caused to her and the applicant, they shall be dealt with under the law.
4. In view of the above, the instant application is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.