Case Details

Citation(s)
2016 SLG 580 2016 SLD 580 2016 PLD 268
Sindh High Court
Constitutional Petitions Nos. S-907, 1074 of 2012, 636, 1028of 2013, 120, 196, 307, 336, 350, 515, 531, 550, 576, 644,...............decided on 17th November, 2015
SALAHUDDIN PANHWAR, J
Habibullah G. Ghouri, Abdul Rehman Bhutto, Sarfraz Khan Jatoi, Rafique Ahmed K. Abro, Muhammad Murad Chachar, Rasool Bux Soomro, Muhammad Afzal Jagirani, Mohsin Ali Pathan, Ashique Hussain Abbasi, Muhammad Ali Pirzado, Abdul Rasheed Abro, and Imtiaz Ahmed

Mst. RAHAMAT BIBI and anotherVsSTATION HOUSE OFFICER, KARAN SHARIF and 8 others

Law:

Section:

Custom--- ----Violence against women---Honour killings---Forced marriages---Jirga, holding of---Legality---Killing of women on the allegation of "Karo Kari"---Forcible marriage and giving the hands of women as penalty in "Jirga"---Equality of women---Contracting marriage by two sui juris was not an offence---State was bound to ensure protection of every single soul and make law for protection of women and children---Woman would be free in choosing her life partner and protecting her property and honour---Women were considered as true and complete owner of their respective property which they had received---Men had no right to part a woman from her own belonging or property---Constitution had ensured 'dignity' and 'privacy' of a home as inviolable---Woman could not be declared as "Kari" and no one could decide the fate of a lady while awarding her death penalty on pretext of "Kari"---Woman could not be married with Quran to escape her right in property---No one could give a lady as compensation for sin if any of others and maltreat her---No custom could be in conflict with law of the land---'Jirga' could not be backed by any law and only courts would be competent to pass a decree and enforce it---Law enforcing agencies were bound to prohibit happening of offences and ensure sense of security to each single individual---Every participant of "Jirga" must be dealt with in accordance with law---Police officer failing to stop the "Jirga" should be prosecuted in the list of accused---State should establish 'Dar-ul-Amman' and safe-house(s) at each District/Taluka level where a victim family could safely reside/stay till she was able to send to her demanded place or she agreed to go with the person of her choice---Such safe-house should be managed and controlled by women only---Provincial Chief Secretary was directed by High Court to establish safe-house(s) at Taluka level and make necessary arrangements for the said houses and victims---Commissioners were directed to supervise the issue with regard to women in their respective divisions---District and Sessions Judges were directed to dispose of cases with regard to violence against women within a specified…
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