Case Details

Citation(s)
2015 SLG 2154 2015 SLD 2154 2015 MLD 679
Sindh High Court
Constitutional Petition No. S-843 of 2014, decided on 4th July, 2014.
AMER RAZA NAQVI, J
Kamran Shehzad Siddiqui for Petitioner. Ms. Marzia Begum, A.A.G., Sindh for the State.

MUHAMMAD JAWAID KHAN

VS

Mst. ZOHRA and 3 others

Law:

Section:

Constitution of Pakistan--- ----Art.199---Constitutional petition---Habeas corpus---Maintainability---Family dispute---Matter in issue was dispute between family of alleged detenue where on one hand there were sons and daughters of detenu from one wife (petitioner) and on the other side there were sons and daughters from other wife of alleged detenu---Contention of petitioner was that, only purpose of filing of petition was to get proper medical treatment of alleged detenue---Validity---Petition was not maintainable under Art. 199 of the Constitution which was dismissed in circumstances. ORDER AMER RAZA NAQVI, J.---Muhammad Hayat Mughal, Advocate files power on behalf of respondents Nos.1 and 2 along with para-wise reply /objection, which are taken on record. Learned counsel for the petitioner submits that nowhere in the petition he has mentioned that petitioner's father is detained. He further submits that only purpose of filing of this petition was for getting better treatment for the father of the petitioner as well as husband of respondent No.1 and father of respondent No.2. Learned counsel appearing for respondents Nos.1 and 2 submits that Mr. Abdul Wahid Khan is also husband of respondent No.1 and father of respondent No.2 and they would also like to provide best medical treatment to patient. He pointed out that earlier one Khalid Asif had filed a Criminal Miscellaneous Application No.121 of 2014 against respondents Nos.1 and 2, in which it was alleged that Abdul Wahid Khan has been detained by respondents Nos.1 and 2. Copy of such application is also available at page-41 to the memo of this petition. Such petition was disposed of by learned II-Additional Sessions Judge, Hyderabad. In the said order it is mentioned that Abdul Wahid Khan is residing with her wife Mst. Zohra, respondent No.1, at his own freewill and on such situation that application was dismissed. Learned counsel for petitioner was asked that how this petition is maintainable…
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