MUHAMMAD M.UNIR vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Munir in relation to an F.I.R. registered for the alleged abduction of Zahida Batool. The petitioner contended that he was lawfully married to the alleged abductee, with whom he had two children, and that the case was registered by a third party without the support of the abductee's parents. The core legal question was whether the criminal proceedings, initiated years after the alleged incident and involving a woman living with her husband and children, constituted an abuse of process. The Court observed that the alleged abductee was living with the petitioner, and the prosecution of the case under Hudood Laws would create significant complications regarding the paternity of the children and contradict the spirit of Islamic Injunctions. Consequently, the Court exercised its inherent jurisdiction to convert the bail petition into a quashment petition. The Court held that the proceedings were an abuse of process and violative of the law, ordering the quashment of the F.I.R. and the immediate release of the petitioner.
- Can a bail petition be converted into a petition for quashment of criminal proceedings?
- Does the existence of a marriage and children born from that union constitute grounds to quash an abduction case registered under Hudood Laws?
- Is a criminal proceeding that creates complications regarding the paternity of children considered an abuse of the process of law?
- Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Petitioner Muhammad Munir seeks post arrest bail in case F.I.R. No,217 of 1996, dated 10-10-1996 registered at the instance of Ghulam Shabbir for the abduction of Zahida Batool.
2. Learned counsel for the petitioner contends that alleged abductee Zahida Batool was married with the petitioner vide Nikahnama, dated 12-2-1994 and is residing happily with the petitioner ever since her marriage. Out of the wedlock two children Sunny 4 years and Walid Hasan 1-1/3 years are born. The present case was registered at the instance of one Ghulam Shabbir who alleges that the abductee was married to his son namely Qaisar Abbas 2-1/2 years prior to the registration of the case. The parents of the alleged abductee have not turned up to support the prosecution version.
The petitioner was arrested on 8-1-1999 as he never knew about the registration of the case and never joined the investigation prior to the petitioner's arrest. The petitioner was not nominated in the F.I.R. It has been stated that the alleged abductee was taken away by one Tajamal Hussain and later on was handed over to some unknown person. The identity of the petitioner has also not been disclosed in the F.I.R. Zahida Batool was also arrested in the present case and was granted bail by the learned Additional Sessions Judge, Layyah on 3-7-1999 and after grant of bail she had filed a suit for jactitation of marriage against her alleged husband Qaiser Abbad.
3. Learned State counsel has opposed the bail on the ground that Zahida Batool'and the petitioner are both accused in the case. They had not joined the investigation for about four years and ultimately they were arrested and sent behind the bars.
4. I have considered the arguments of the learned counsel for both sides.
5. It is not denied that the alleged abductee Zahida Batool is residing with her husband, the petitioner and out of the wedlock two children have born. The case has not been registered at the instance of her blood relations. She has no relations with the complainant Ghulam Shabbir who claims himself to be her father-in-law. Although the case was registered in 1996 but due to lack of knowledge the petitioner could not join the investigation. I feel that after giving birth to two children the case under Hudood Laws will create complications regarding paternity of the children. Keeping the matter pending will not only abuse of process of the Court, but also against the spirit of Hudood Laws and Injunctions of Islam.
In view of this fact and relying on the principle laid down in 1995 SCM R 1005, I convert this petition into quashment petition. The F.I.R., above said and the proceedings in pursuance thereto are hereby quashed, being illegal, violative of constitution and abuse of process of law/Court. The petitioner will be released from the jail forthwith if not required in any other case.
' This petition is disposed of.