Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Const. P. 1271/2024 (SHC). In this matter between Const. P. 1271/2024 (S.B.) Riaz Ahmed S/o Khuda Bux Babar and Province of Sindh and 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: ------------------------------------------------------------ MAK/PS IN THE HIGH COURT OF SINDH KARACHI

Const. Petition No. S-1271 of 2024 (Riaz Ahmed - vs – Province of Sindh & Ors.) __________________________________________________________________ Date Order with signature(s) of Judge(s) Hg:/Priority.

1. For orders on office objections 2. For hearing of main case.

11.08.2026. Mr. Manzoor Hussain Khoso, Advocate for the Petitioner. Mr. K. A. Vaswani, Assistant Advocate General Sindh. Ms. Anum Iqbal, Assistant Prosecutor General Sindh alongwith Wajid Hussain Thaheem, SDPO Jh irruck and Mushtaque Ahmed Almani, DSP/SDPO K.N Shah & Sajid Gujjar, DSP Legal. --------------------------------------------

O R D E R Nisar Ahmed Bhanbhro, J. The instant petition is filed seeking a writ of habeas corpus against respondent Nos. 7 to 12 regarding the alleged illegal detention of Mst. Sakina d/o Qamardin Babar, who is reported to be the niece of the present petitioner. It is contended that Mst. S akina was taken away by respondent Nos. 7 to 12 by force on 08.10.2023. In respect of the said incident, FIR No. 101/2023 was registered at Police Station Jhirruck for offences punishable under Sections 302, 342, 201, 337 -F(iii), and 114 PPC. The investigation conducted in the said FIR culminated in the submission of a report under ‘C’ Class, seeking cancellation of the FIR. However, the said report was reportedly rejected by the learned concerned Magistrate vide order dated 23.07.2024. I.O. has filed its report, which is taken on record. Since the petitioner has already lodged an FIR in respect of the said incident under Sections 302, 342, 201, 337 -F(iii), and 114 PPC, wherein respondent Nos. 7 to 12 have been shown as absconders. The alleged detenue was reported to be about 17 years of ag e at the time of the incident; therefore, the petitioner may approach the learned Sessions Judge concerned under Section 552 Cr.P.C. for the recovery of the alleged detenue. For the sake of convenience Section 552 of Cr.PC is reproduced herein below: 552. Powers to compel restoration of abducted females. Upon complaint made to a [Sessions Judge] on oath of the abduction or unlawful detention of a woman or of a female child under the age of [sixteen] years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary

2. From a perusal of the above provisions of law, it is clear that where a woman or girl below the age of 16 years is abducted and a complaint is registered in respect thereof, the jurisdiction to issue appropriate orders for her recovery lies with the learned Sessions

MAK/PS Judge concerned. Moreover, the petitioner has failed to identify or point out the place where the alleged detenue is being kept in confinement by the respondents. In the absence of any such information or material indicating the place of confinement, this Court cannot issue a writ in the nature of habeas corpus, particularly when the petitioner has an alternate and efficacious remedy, as discussed hereinabove. 3. Accordingly, the instant petition stands disposed of. However, the petitioner shall be at liberty to approach the learned District & Sessions Judge concerned for appropriate relief in accordance with law.

JUDGE

Related Legal Research & Directories

• Browse all judgments from Sindh High Court
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant