MST. SHAMIM AKHTAR Versus S.H.O.
ORDER
Mst. Shamim Akhtar petitioner has alleged in this petition under section 491, Cr.P.C. that on 14-6-1993 her daughter Mst. Farzana Ahmad had been abducted by respondent No.2 Muhammad Ramzan and his companions as a result of which a case under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered at Police Station Jauharabad at the instance of Muhammad Iqbal, the brother of the abductee. The petitioner furher submitted that her daughter was being illegally detained by the said Muhammad Ramzan against her wishes and that she had received message from her that she was being tortured and her life was in danger. She requests that her daughter be directed to be recovered and produced m Court so that her custody is handed over to her.
2. A notice was sent to Muhammad Ramzan respondent No.2 directing him to produce the alleged detenu in Court. He has produced her in Court today.
3. The petitioner was given ample opportunity to have a meeting with the alleged detenue. They talked to each other for about half an hour during which neither Muhammad Ramzan nor any relative of the parties was present. The alleged abductee was then asked if she was being illegally detained by Muhammad Ramzan. She stated that she was living with him as his legally wedded wife with her consent and free will. She further stated that she was not being detained nor was she being subjected to torture.
4. The case was again adjourned till after interval and was taken up at 12-30 p.m. At that time only the petitioner and the alleged detenue were present in Court. The alleged detenue was again asked if she wanted to go with her mother or her husband Muhammad Ramzan. She insisted that she wanted to go with her husband. She is sui juris. Apparently she does not appear to be under any pressure. I, therefore, have no reasons to believe that she is being kept by respondent No.2 in illegal detention. The petition under section 491, Cr.P.C. is held to be without any substance and is dismissed.
5. Mst. Farzana Ahmad detenue is at liberty to go with her husband Muhammad Ramzan.
N.H.Q./S-364/L Petition dismissed.