Hajan (Applicant) VS SSP Badin & Ors (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Misc. Application No.S-09 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection.

2.For hearing of main case.

Mr. Muhammad Hassan Chang, Advocate for applicant.

Mr. Khair Muhammad, Advocate for respondents No.4 to 7.

Ms. Rameshan Oad, Asst. Prosecutor General a/w Ins. Muhammad Anwar Leghari SHO PS Badin and Ins. Molla Bux Focal Person Badin.

This Cr. Miscellaneous Application has been filed by applicant with the following relief(s):

“To issue Rule Nisi thereby directing the SHOs Police Station Kadhan and Luawari Sharif (respondent No.2 & 3) to arrange a surprise raid at the hosue of respondents No.4 to 8 within their jurisdiction for the search, recovery and production of the detainee Mst. Nasreen in this Honourable Court and after recording her statement she may be set at liberty wherever she likes to go.

“Any other relief which this Honourable Court deems fit, just and proper may also be awarded in favour of the applicant”.

Notices were issued to the respondents. Private respondents are present along with alleged detainee Mst. Nasreen. The alleged detainee voluntarily states that she has married with the applicant (Hajan) under valid Nikahnama dated 03.12.2019 out of her own free will, occurred and without any pressure and coercion. During the course of arguments, I have specifically asked the question from the alleged detainee Mst. Nasreen whether she wants to go with her father, she answered in negative.

Keeping in view the statement of alleged detainee, this Cr. Misc. Application is disposed of. However, she being sui juris is allowed to go with the applicant Hajan being her husband. It is stated by the alleged detainee she has great apprehension that she would be murdered in the way to their house at the hands of her relatives on account of the said un-ceremonial marriage. Accordingly, Additional Registrar of this Court is directed to coordinate with the concerned police i.e SHO PS Cantonment Hyderabad for safely reaching the

applicant as well as the alleged detainee Mst. Nasreen to their destination without causing any harm to their lives. SSP Badin is also directed to provide all legal protection to the applicant and alleged detainee as and when required by them as per law. Office is directed to communicate this Order to SSP Badin for information and compliance.

Cr. Miscellaneous Application stands disposed of in the above terms.

JUDGE

*Hafiz Fahad*