| Citation(s) |
|---|
| 2013 SLG 1623 2013 SLD 1623 2013 SCMR 1120 |
Supreme Court of Pakistan
Criminal M.A. No.71 of 2013 in Criminal Appeal No.525 of 2010, decision dated: 15-02-2013. (Compliance report by the CPO, Rawalpindi, regarding recovery of abductee Mst. Nadia Mushtaq.)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Muhammad Siddiqui Qureshi, Advocate Supreme Court with Qazi Mushtaq Ahmad, Appellant, Qazi Fazal-e-Haq son of Appellant and Mst. Nadia Mushtaq, abductee. Asjad Javed Ghurral, Additional P.G. for the State. Jawwad Hassan, Additional A.G., Israr Abbasi, SSP
Criminal M.A. No.71 of 2013 in Criminal Appeal No.525 of 2010, decision dated: 15-02-2013. (Compliance report by the CPO, Rawalpindi, regarding recovery of abductee Mst. Nadia Mushtaq.)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Muhammad Siddiqui Qureshi, Advocate Supreme Court with Qazi Mushtaq Ahmad, Appellant, Qazi Fazal-e-Haq son of Appellant and Mst. Nadia Mushtaq, abductee. Asjad Javed Ghurral, Additional P.G. for the State. Jawwad Hassan, Additional A.G., Israr Abbasi, SSP
Qazi MUSHTAQ AHMAD AWAN
VS
ABDUL GHAFFAR and another
Law:
Section:
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---S. 11---Kidnapping, abducting or inducting woman to compel for marriage etc.---Failure of police to recover abductee despite directions of Supreme Court---Negligence of police---Negligent investigation---Alleged abductee was abducted and despite registration of case against accused persons, she could not be recovered---Accused persons challaned for the offence were acquitted by Trial Court---Appeal against acquittal of accused persons was also dismissed by High Court---Complainant filed criminal petition before Supreme Court, which was also dismissed, however during pendency of proceedings before Supreme Court about 30 directions were issued to police to recover the abductee, but no progress was made--- Police could not effect recovery of abductee despite lapse of six years and ultimately on account of personal efforts of brother of abductee, her whereabouts were traced---After her recovery abductee recorded her statement under S.164, Cr.P.C. alleging that a police official had abducted her and subjected her to sexual intercourse and ultimately forcibly got her married to his brother, and that she was also sold to some person---Reports submitted by police during pendency of proceedings before Supreme Court showed that they offered different excuses for not effecting recovery of abductee inasmuch as they tried to persuade the court that abductee had died and DNA test of a dead body after exhumation was also conducted, and at one stage it was alleged that after abduction she had been taken to a different province---Supreme Court directed concerned Senior Superintendent of Police to take necessary steps to conduct investigation of the case fairly and honestly, and to go through the progress reports submitted by police from time to time in compliance of orders of the Supreme Court for effecting recovery of abductee, and to submit a report pointing out the names of persons of police department, who had failed to discharge their duties. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Brief facts of the case are that the appellant got registered an F.I.R. bearing No.633 dated 25-11-2006 under section 11 of the…
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