Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 1331. In this matter between Const. P. 1485/2024 (D.B.) Sindh High Court, Karachi - Ali Gul (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 1485/2024 (D.B.) Sindh High Court, Karachi CITATION: 2024 SHC KHI 1331 PARTIES: Ali Gul (Petitioner) ORDER DATE: 13-NOV-24 BENCH: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D- 1485 of 2024 (Ali Gul v Province of Sindh & others) Date Order with signature of Judge

Before: Mr. Justice Salahuddin Panhwar Mr. Justice Adnan-ulKarim Memon

Date of hearing and Order:- 13.11.2024

Petitioner in person Mr. Ali Hyder Saleem, Addl.P.G Mr. Pir Riaz Muhammad DAG Mr. Jan Muhammad Khuro Addl. AG -------------------------

O R D E R Adnan-ul-Karim Memon , J Petitioner Ali Gul seeks court intervention under Article 199 of the Constitution to recover his abducted daughters from private respondents and cease threats agai nst him. He requests legal protection.

The grievance of the petitioner is that his daughters were repeatedly abducted and one was poisoned. Despite lodging an FIR, his daughters remain missing. The petitioner seeks this court’s intervention to recover his missing daughters and bring the perpetrators to justice.

Police official present in court states that Zakia Gul (Detenue 1) married Imran, Shafia Gul (Detenue 2) married Maqbool Hussain in Bahawalpur. Takia Gul (Detenue 3) and Asia Gul (Detenue 4) were murdered. According to the Investigating Officer, Asia Gul (Detenue 4) was murdered. FIR 157/2017 was registered under sections 302 and 34 PPC at SSHTA Karachi Police Station. I.O further states that the alleged detenue has contracted marriage and residin g in the Province of Punjab along with two daughters.

Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they ar e being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice.

Before parting with this order it is directed that the Police officials shall endeavor to contact with detenue and allows her to meet with her father/petitioner and ensure no harm is caused to her by either party and if

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any harassment is caused to her by any of the part ies the police shall act swiftly.

In view of the statement of the Investigating officer, no case of illegal detention is made out and the purpose of filing the instant petition under Article 199 read with section 491 Cr. P.C. has been served; therefore, the same stands disposed of.

JUDGE

JUDGE Shafi

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