Mst. AISHA BIBI vs Mst. PERMILA CLAMENCE and another
This matter arose out of a petition for leave to appeal against an order of the Lahore High Court directing that the petitioner, an adult woman who converted to Islam and married, be lodged in Darul Aman. The core legal question was whether an adult, sui juris woman who has reached majority can be forcibly lodged in a shelter home against her liberty when criminal proceedings against her and her husband have been discharged. The Supreme Court granted leave to appeal to examine the legality of restricting the petitioner's liberty through institutionalization in Darul Aman, especially given her advance stage of pregnancy, and suspended the operation of the impugned High Court order pending the appeal. The court reaffirmed that the liberty of a sui juris individual cannot be curtailed by lodging them in Darul Aman without lawful justification.
- Can an adult, sui juris woman be forcibly lodged in Darul Aman against her will?
- Whether the liberty of a sui juris individual can be restricted by court order after the relevant FIR has been discharged?
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. Aisha 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 Arisin lodged an F.I.R. Against the petitioner and others. The petitioner moved a petition before the High Court for quashment of the F.I.R. 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 of 2001 before the High Court wherein a learned Judge directed that the petitioner be lodged in Darul Aman. According to the learned counsel the F.I.R. 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.
Leave to .