Mst. Gul Naz and Another (Petitioner) VS Province of SIndh and Others (Respondent)

ORDER SHEET

Constitution Petition No.S-851 of 2016

Date Order with Signature of the Judge

Fresh Case.

1.For orders on CMA No.3883/2016.

2.For orders on CMA No.3884/2016.

3.For hearing of main case.

{Attention of the Hon'ble Court is respectfully invited to the order dated 18.5.2016 passed by Hon'ble Chief Justice appearing on office note, which may kindly be seen at flag ‘A’}

20th May, 2016.

Mr. Muhammad Tahir Nizamani, Advocate a/w petitioners.

Mr. Shamsher Khan, State Counsel.

1.Urgent motion is accorded.

2.Exempted subject to all just exceptions.

3.Petitioner No.1 present in Court alongwith her counsel says that being sui juris without any coercion or force she had contracted marriage with petitioner No.2, who is also present in Court. Copies of Nikahnama and Affidavit of freewill have also been annexed with the instant petition. Petitioner further submits that after marriage, she is now living with her husband/petitioner No.2 happily and performing her marital obligations. Learned counsel for petitioner submits that being antagonized upon marriage of petitioner, the relatives of petitioner No.1 are causing threats to the petitioners and bent upon to cause her murder on the pretext of honour killing or ‘KAROKARI’, hence they approached this Court for necessary protection of life, honour and property.

Learned State Counsel, on Court’s notice, submits that to marry is a right guaranteed by Constitution and official respondents shall conduct themselves strictly in accordance with law in the manner that no one shall cause harassment to the petitioners.

To marry is a right guaranteed under Article 35 of the Constitution of Pakistan and in the circumstances when the couple contracted marriage with their consent and freewill but without consent of their elders, it shall be very unsafe to call the married couple again and again in court though the learned Assistant Prosecutor General, Sindh has made the statement that official respondents shall conduct themselves strictly in accordance with law in the manner that no one shall cause harassment to the petitioner and her husband.

Under Article 29 of the Constitution it is not only the various organs of the State but persons performing functions in various organs of the State have also to perform their duties in the manner that promotes the principles of policy under Chapter 2, Part II of the Constitution, which includes Article 35. The Police Department is an organ and authority of the State and it is the duty of the functionaries of the Police Department to see that they act in a manner which advances the dictates of the Constitution and not in a manner that will negate the Will of the Constitution givers. In respect of a bona fide marriage validly contracted and in consequence whereof the spouses are living together, the police or for that matter any other functionary of the State has no right to disturb the marital life of the couple. If a complaint is made to the police then, in given circumstances, the police can and should ascertain whether a valid marriage has taken place or not. Once the police officials come to know that a valid marriage has taken place, then brushing aside any other social consideration, they must not act to disrupt or otherwise interfere in the marital life of the spouses as held in the case of MST. SAJIDA BIBI AND OTHER V/S INCHARGE CHOUKI NO.2 POLICE STATION SADDAR, SAHIWAL (PLD 1997 Lahore 666).

In view of whatever discussed above, the instant petition stands disposed of with directions to official respondents to conduct themselves strictly in accordance with law and provide necessary legal protection to petitioners in the manner that no one shall cause them harassment. Let copy of this order be facsimiled to respondent Nos. 2, 3 and S.S.P. Karachi-West with directions to provide necessary legal protection to the petitioners.

Aamir/PS J U D G E