Pakistan Case Law
1987 SCMR 282

ABDUL MAJID vs S.H.O. POLICE STATION SHUJABAD And Other

⭐ Prefer in Google
Citation1987 SCMR 282
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 359 of 1986 Criminal
Date1986-12-14
Judge(s)Aslam Riaz Hussain and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for special leave to appeal challenged an order of the Lahore High Court, which had dismissed a habeas corpus petition filed by the petitioner. The petitioner sought the recovery of a young girl, whom he claimed was his wife and was being illegally detained by her father. The respondent father had previously initiated criminal proceedings against the petitioner, registering a case under the Zina (Enforcement of Hudood) Ordinance, 1979, alleging offenses under sections 10 and 11 of the Ordinance. The core legal question before the Supreme Court was whether the High Court's dismissal of the habeas corpus petition warranted interference by the apex court. Upon hearing the arguments presented by the petitioner's counsel, the Supreme Court found no valid grounds to interfere with the impugned order of the High Court. Consequently, the Supreme Court upheld the High Court's decision and dismissed the petition for leave to appeal. The judgment affirms the principle that appellate courts will not interfere with discretionary orders in habeas corpus matters absent compelling legal grounds or manifest error in the lower court's reasoning.

Questions settled in this judgment
  • Does the Supreme Court interfere with a High Court order dismissing a habeas corpus petition where no valid grounds for interference are shown?
  • Is a habeas corpus petition maintainable when criminal proceedings under the Zina (Enforcement of Hudood) Ordinance are pending against the petitioner?
Laws & provisions referred
  • Section 10, Zina (Enforcement of Hudood) Ordinance 1979
  • Section 11, Zina (Enforcement of Hudood) Ordinance 1979
habeas corpusillegal detentionleave to appealZina Ordinancecustody of minorcriminal proceedings

SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 1-11-1986 of the Lahore High Court dismissing the habeas corpus petition of the petitioner. The alleged detenu is a young girl.

According to the petitioner she is above 15 years of age. The petitioner claims that she is married to him and is being illegally detained by her father. It may be mentioned that a criminal case under sections 10 and 11 of the Zina (Enforcement of Hudood) Ordinance had been registered against the petitioner at the instance of her father.

2. We have heard the learned counsel and see no good ground for interfering with the order of the High Court.

The petition for leave is, therefore, dismissed.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.