SHOUBAN and 3 others vs SHAKEEL AHMED JAMALL A.S.-I. and 10 others

ORDER

1. By this Constitutional petition, the petitioners have sought the following relief:-- "(a) To declare the action of raiding, searching the house of the petitioners and their relatives without search warrant and arresting the male and female members of their families and detaining them at the Police Station Tando Muhammad Khan in order to compel them to produce Mst. Bilqees before them whose custody was given to petitioner No,1 by Civil Judge and F.C.M., Tando Adam and they are living happily as husband and wife, as illegal, unlawful, without authority, void, ab initio and misuse of police powers.

(b) To refrain the respondents Nos.1 to 7 from the aforementioned illegal acts and direct them to produce record if any against the petitioner and their, relatives i.e. Harassment, humiliation and disgracing and disrespecting.

(c) To pass an order to prosecute respondent No,8 under section 182, for giving false information and suppressing real facts of the case after 6 days of the incident and to prosecute the respondents Nos.1 to 4 under sections 177 and 218, P.P.C. And section 29 of the Police Act for knowingly lodging false F.I.R. And suppressing real facts of the case on account of mala fide.

(d) Interim relief in term of prayer (a) and (b) be granted.

(e) Costs of the petition be borne by the respondents.

(1) Any other relief which this Honourable Court deem fit and proper under the circumstances of the case."

2. The respondents Nos.1 to 5 have filed their statements supported by their affidavits. The main grievance of the respondents is that the alleged abductee Mst. Bilqees is not cooperating with Investigating Agency for the purpose of her statement under section 161, Cr.P.C. As well as under section 164, Cr.P.C. In Crime No,15 of 2000 of Police Station Tando Muhammad Khan.

3. The averments made in the petition show that Mst. Bilqees is major, sui juris lady. She left the house of her parents of her own accord and married with petitioner No, 1 . Such Nikah was solemnized at Tando Adam and it was registered at Tando Adam. Thereafter, the alleged abductee Mst. Bilqees appeared before the Civil Judge and F.C.M. Tando Adam on 17-1-2000 for her statement under section 164, Cr.P.C. The learned Magistrate after recording her statement under section 164, Cr.P.C.

4. Remanded her to Darul Aman, Hyderabad. On 18-1-2000, petitioner No,1 moved an application before the learned Civil Judge and F.C.M., Tando Adam for restoration of the custody of his wife (alleged abductee) Mst. Bilqees.

5. The learned Magistrate called the alleged abductee and she was produced before him on 19-1- 2000. The Civil Judge and F.C.M., Tando Adam handed over the custody of Mst. Bilqees to the petitioner No, 1.

6. The order, dated 19-1-2000, of Civil Judge and F.C.M., Tando Adam is reproduced hereinunder in extenso:-- "By this order I will dispose of application, dated 18-1-2000, filed by one Shoban son of Umed Ali Kolachi resident of Tando Muhammad Khan, District Hyderabad for restoration of Mst. Bilqees daughter of Dildar Ali Awan from Darul Aman, Hyderabad and hand over the custody of the lady to him. Said Shoban also produced photostat copy of Nikahnama in support of his application. In this connection this Court has called the lady Mst. Bilqees from Darul Aman vide this office Letter No,66, dated 18-1-2000, under the supervision of lady police for seeing truth, falsehood and genuineness of the Nikahnama. The said lady appeared in Court and admitted her signature on the Nikahnama and she voluntarily without any force, pressure and torture admits that she has solemnized Nikah with Shoban with her free and sweet will according to Sharia Muhammadi. To the safe side the undersigned again obtained the signature of the lady Mst. Bilqees and such signature compared with the signature of the Nikahnama produced with the application, the undersigned again inquired from Mst. Bilqees who disclosed the same facts that she has married with Shoban.

7. On the other hand no one appeared from the parents and relatives of the lady Mst. Bilqees to claim the custody of Mst. Bilqees and neither any one has appeared to file objection to the application of Shoban for handing over the custody of Mst. Bilqees. Hence this Court has not found any other way and no other circumstances that lady Mst. Bilqees be kept any more in custody at Dam! Aman, Hyderabad.

8. Under the light of the above discussion and circumstances, I found that Shoban is legal husband of lady Mst. Bilqees and he is able to keep the custody of her Mst. Bilqees as his wife. Hence I allow the application of Shoban son of Umed Ali and hand over Mst. Bilqees to him under the intimation to Incharge Dam! Aman, Hyderabad for restoration of lady Mst. Bilqees. .

9. Announced in open Court, this 19th day of January, 2000.

10. (Sd. Abdul Hayee Memon) 19-1-2000 Civil Judge and F.C.M., Tando Adam."

11. The respondents who are present before the Court have stated through learned Additional Advocate-General that they are ignorant of any Nikah solemnized between the parties and so also of the remand of alleged abductee to Darul Aman as well as her statement recorded under section 164, Cr.P.C. By the learned Civil Judge and F.C.M.

12. The learned Additional Advocate-General requested that if the copies of Nikahnama, copy of the statement under section 164, Cr.P.C. Recorded by the learned Civil Judge and F.C.M., Tando Adam and other material is supplied to the Investigating Officer, her presence for the purpose of investigation would be unnecessary.

13. Consequently, the learned Counsel for the petitioner was directed to supply the copy of Nikahnama, copy of the statement under section 164, Cr.P.C. Recorded by Civil Judge and F.C.M., Tando Adam and other relevant documents to the respondents under receipt.

14. In pursuance to the above direction the learned Counsel for the petitioner supplied the copies of the above documents to the respondents in Court under receipt.

15. Since the requisite documents have been supplied to the respondents, the appearance of alleged abductee Mst. Bilqees before Investigating Officer appears to be immaterial. However, at any stage of the investigation if Investigating Officer feels necessary to examine the alleged abductee he may do so with the prior permission of this Court.

16. With the above observations the petition stand disposed of alongwith the listed applications.