Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 225/2026 (SHC). In this matter between Const. P. 225/2026 (S.B.) Mst. Nadia and The Deputy I.G. of Police & others Sindh High Court, Karachi, 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: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI C.P.No.S-225 of 2026 Mst.Nadia…………….v/s……………The D.I.G. Police & others ----------------------------------------------------------------------------------------------- DATE ORDER WITH SIGNATURE(S) OF JUDGE(S) ------------------------------------------------------------------------------------------------ 1.For orders on office objection. 2.For hearing of main case.

06-08-2026

Mr.Shaji Siddiqui, Advocate for the Petitioner a/w Petitioner. Mr.K.A. Vaswani, A.A.G. Ms.Anum, A.P.G. Mr.Ghulam Ahmed Shaikh, D.S.P. Sukhan is present. Respondent No.4 Muhammad Haroon is present person. ----

Report filed by the SDPO, Sukhan District Malir Karahi is taken on record. 2. Pursuant to the Court notice the father in law of the petitioner, namely, Iqbal Khan made appearance on 18.3.2026 wherein he had made a statement that the minor baby was taken to Peshawar, where she died and was buried at village Khadrizi, District Nowshera, Peshawar. Statement was controverted by the petitioner by producing recent video of the minor with the respondent No.4 at Karachi therefore, this Court directed the police to trace and recover the minor and produce her before this Court with further directions to the Additional I.G. to conduct an inquiry and ensure compliance of this Court’s order. Whereafter, the S.S.P. Malir Karachi appeared before this Court and filed report that the minor’s death was falsely portrayed by the respondent No.5, therefore, order was issued to the SSP Malir to ensure recovery of minor. 3. Today, the minor has been produced by father namely, Muhammad Haroon and custody of the minor has been handed over to her mother and mother submits that she is the same baby, namely, Neha alias Hina. The father submits that the mother has voluntary handed over the custody of the minor to him, therefore, the custody may not be handed over to the mother. The minor is aged about hardly one year, therefore, the custody of the minor cannot be deprived from the mother, more particular when the respondent was holding the minor and had made a statement before the Court that she had died. This statement is sufficient to initiate criminal proceedings against the respondent,

but taking a lenient view no action in that regard is taken, however, private respondents are warned to remain careful in future. 4. The petitioner is residing within the limits of P.S. Sukhan. The D.S.P. Sukhan is present in person, who is directed to ensure the protection of petitioner Mst.Nadia and call the privates respondents at Police Station and obtain a personal bond from them in the sum of Rs.50,00,000/- each and in case any harm is caused to the baby or her mother the same amount shall be recoverable from the private respondents as an arrear of land revenue. 5. The Court highly appreciates the efforts of the District Police Malir, Karachi in recovering the baby and in particular efforts taken by SSP Malir and SDPO Sukhan, otherwise, it would have been quite difficult to unearth the baby, as it reflected from the statement of the private respondents. 6. It is expected that the police shall perform their duty efficiently and in accordance with law and provide due protection to the petitioner. 7. The petition is disposed of in the above terms, however, the father is at liberty to move the Guardian Court for the appropriate relief in accordance with law.

Judge

nasir

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