Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1455. In this matter between Const. P. 3545/2026 (D.B.) Sindh High Court, Karachi - Muhammad Qasim (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. 3545/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1455 PARTIES: Muhammad Qasim (Petitioner) ORDER DATE: 16-JUL-26 BENCH: Hon'ble Mr. Justice Adnan Iqbal Chaudhry A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D-3545 of 2026 (Muhammad Qasim v Province of Sindh & others)

Date Order with signature of Judge Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhary

Date of hearing and order:-16.7.2026

Mr. Muhammad Bashir Shakeel advocate for the petitioner Mr. Imran Ahmed Khan Abro, Assistant AG Ms. Amna Ansari, Additional PG SI Noor Ahmed, PS Manghopir Karachi SI Sajjad Akbar ---------------------

O R D E R Adnan-ul-Karim Memon, J The petitioner prays that this Court direct the respondents to produce the missing minor girl, Safia, before this Court immediately, and ensure her safe recovery, protection, liberty, and security in accordance with the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973. 2. The case of the petitioner is that he is a poor labourer and resides with his wife and children and earns his li velihood through daily wage work. His minor daughter, Safia, aged about 15 years , went missing on 15.05.2026. Immediately after her disappearance, the petitioner lodged a complaint before Police Station Manghopir , expressing suspicion against private respo ndents Nos. 5 to 8. As no effective action was taken by the police, he submitted further complaints to the SSP West Complaint Cell and provided complete details of the accused persons and the missing girl. When the police continued to remain inactive, the petitioner filed an application under Section 22 -A Cr.P.C. before the learned Sessions Court, West Karachi, upon which notices were issued to the police. Consequently, FIR No. 327/2026 was registered on 26.05.2026. Although one accused, Shehzad, was briefl y arrested, he was released within 24 hours, while the remaining nominated accused were not apprehended. The petitioner further submits that respondent No.6, Abdul Manan , informed him that Safia had been taken to Golarchi, District Badin, and demanded Rs. 20 lakh for her release. Despite subsequent complaints to the SSP Investigation West and the Home Secretary, Government of Sindh, requesting immediate recovery of the minor girl, no effective action has been taken. According to the petitioner, his minor da ughter remains in the unlawful custody of the private respondents, her life and safety are in danger, and there is a real apprehension that she may be trafficked or otherwise harmed. He further alleges that the local police are acting

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in collusion with the accused and have failed to perform their legal duties. Having no other adequate or efficacious remedy, the petitioner has invoked the constitutional jurisdiction of this Court, seeking directions for the immediate production and recovery of his minor daug hter, Safia, and for ensuring her protection, liberty, and security in accordance with the Constitution and law. 3. In the present case, the grievance of the petitioner was primarily directed towards the recovery and production of his minor daughter, Safia, who had allegedly been abducted and whose life and liberty were stated to be in imminent danger. During the pendency of these proceedings, the victim was successfully recovered, thereby substantially satisfying the principal relief sought in the petition . Consequently, the constitutional petition has become infructuous to that extent. 4. However, the recovery of the victim does not absolve the investigating agency of its statutory obligations. If the recovered minor is found to have suffered any offence, including kidnapping, trafficking, wrongful confinement, or sexual abuse, the Investigating Officer shall proceed against all responsible persons under the relevant provisions of the Pakistan Penal Code and other applicable laws. 5. Accordingly, as the pri mary relief sought by the petitioner has already been achieved through the recovery of the missing girl, no further constitutional relief survives for adjudication. Nevertheless, the Investigating Officer is directed to continue the investigation diligentl y, ensure the safety and welfare of the recovered minor, take all lawful steps for the arrest of the remaining accused, and submit the requisite progress report before the competent forum in accordance with law. 6. The petition is, therefore, disposed of, with the above directions. JUDGE

JUDGE

Shafi

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