Mst AISHA BIBI vs Mst. PERMILA CLAMENCE And Another
The petitioner seeks leave to appeal against an order of the Lahore High Court directing her to be lodged in the Darul Aman. The brief facts are that the petitioner, a Christian by birth, embraced Islam and married Maqsood Ahmed as a sui juris. Her relatives lodged an FIR, and a Medical Board determined her age to be 18 years. Subsequently, the High Court ordered her confinement in the Darul Aman, and the FIR against her was reportedly discharged. The petitioner also contended that she was at an advanced stage of pregnancy and her liberty was unlawfully curtailed. The core legal question concerns the legality of confining a sui juris adult female in a shelter home against her will. The Supreme Court granted leave to appeal and suspended the operation of the impugned order, laying down that a sui juris adult citizen cannot be arbitrarily detained or lodged in a shelter home against her liberty.
- Whether a sui juris adult female can be ordered to be lodged in a Darul Aman against her will?
- Does the High Court have the power to curtail the personal liberty of an adult citizen who is sui juris?
- Can a person whose age has been medically determined to be 18 years be subjected to protective custody in a shelter home?
ORDER
SH. RIAZ AHMED, J.- The petitioner seeks leave to appeal against the judgment and order dated 11.6.2001 delivered by the learned Single Judge of the Lahore High Court, Lahore, whereby Mst. Aisha Bibi ,was ordered to be lodged in the Darul Aman.
2. Facts of the case in brief are that Mst. Bibi, who was a Christian, has embraced Islam and being a sui juris married with Maqsood Ahmed. The relatives of the petitioner did not accept conversion of her faith into Islam and her uncle Arsin lodged an FIR against the petitioner and others. The petitioner moved a petition before the High Court for quashment of the FIR wherein a learned Judge of the High Court directed for constitution of a Medical Board to determine the age of the petitioner and the Board unanimously opined that the petitioner was 18 years of age. Respondent No. 1 then filed Criminal Miscellaneous No. 839/H/2001 before the High Court wherein a learned Judge directed that the petitioner be lodged in Darul Aman. According to the learned counsel the FIR lodged against the petitioner and others has been discharged. The learned counsel further submitted that the order impugned affects the liberty of the petitioner by lodging her in the Darul Aman. Furthermore, she is at advance stage of pregnancy.
3. Under these circumstances we grant leave to appeal. Meanwhile operation of the impugned order shall remain suspended.