| Citation(s) |
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| 2025 SLG 4996 2025 SLD 4996 = 2025 SHC 3194 |
Criminal Bail Application No.2659 of 2025
Jan Ali Junejo, J.
Applicant : Dr. Mubina Cassum Agboatwala daughter of Cassum Agboatwala through Mr. Shahab Sarki, Advocate along with Mr. Rajesh K. Ambwani, Advocate
Respondent : The State, through Mr. Sharaf-u-Din Jamali, Assistant Attorney General, Pakistan along with Inspector-Babar Ali, FIA, AHT Circle, Karachi Date of Hearing : 24.10.2025 Date of Decision : 05.11.2025
DR MUBINA CASSUM AGBOATWALA D/O CASSUM AGBOATWALA V/S THE STATE Sindh High Court, Karachi
Law: Prevention of Trafficking In Persons Act, 2018
Section: 3, 4, 6
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497(1), 497(2)
Summary:
Dr. Mubina Cassum Agboatwalla, Chairperson of the NGO HOPE, sought post-arrest bail under Section 497 Cr.P.C. in a case registered under Sections 3, 4, and 6 of the Prevention of Trafficking in Persons Act, 2018, alleging illegal facilitation of adoption and cross-border transfer of abandoned infants. The petitioner claimed lawful guardianship orders and lack of coercion or exploitation. The court, after a tentative assessment, noted that HOPE was not authorized as an adoption agency, minors were transferred without proper reporting, and multiple guardianship petitions appeared falsified. Due to the grave and transnational nature of the offence, the court dismissed the bail application, emphasizing that the statutory leniency for women under Section 497(1), Cr.P.C., does not extend to serious organized crimes like human trafficking.
Sections / Legal Provisions Used:
Sections 3, 4, 6 – Prevention of Trafficking in Persons Act, 2018 (amended 2025) – recruitment, transfer, and exploitation of children.