Areeba Qureshi (Petitioner) VS Govt. of Sindh and Others (Respondent)

ORDER SHEET

Constitution Petition No.S-863 of 2016

Date Order with Signature of the Judge

Fresh Case.

1.For orders on CMA No.3955/2016.

2.For orders on CMA No.3956/2016.

3.For hearing of main case.

4.For orders on CMA No.3957/2016.

21th May, 2016.

Mr. Abbas Ali Larik, Advocate a/w petitioner.

1.Urgent motion is accorded.

2.Exempted subject to all just exceptions.

3&4. Petitioner present in court alongwith her counsel says that by exercising her right of free will she had contracted marriage with one Sajjad Ali son of Rajab Ali without consent of her parents. Copies of Nikahnama and Affidavit of freewill sworn by her have also been annexed with the instant petition. Petitioner submits that after marriage, she is now living with her husband happily and performing her marital obligations. Learned counsel for petitioner submits that being antagonized upon marriage of petitioner, her relatives are causing threats to the petitioner and her husband and bent upon to cause murder on the pretext of honour killing or ‘KAROKARI’, therefore, she approached this Court for necessary protection of life, honour and property.

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.

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 alongwith listed application stands disposed of with directions to official respondents to conduct themselves strictly in accordance with law and provide necessary legal protection to petitioner and her husband in the manner that no one shall cause them harassment. Let copy of this order be facsimiled to respondent Nos.3 & 4 with directions to provide necessary legal protection to the petitioner and her husband in the manner that they may not be harassed by the private respondents or anyone else acting on their behalf.

Aamir/PS J U D G E