Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898), S. 491-Vires of statutes--Contention that under Quranic provisions a woman guilty of indecency can be confined to her house and as such S. 491 is in direct conflict with provisions of Holy Quran and therefore of no legal effect in view of Arts. 29 & 30 of Constitution of Pakistan (1972)-Held, Advisory Council of Islamic Ideology and not Courts have to determine, whether any change in section is indicated or if section is repugnant to principles of policy-Constitution of Pakistan (1972), Arts. 29 & 30.                                                                                                                       ORDER This is a petition under section 491 of the Code of Criminal Procedure, by one Muhammad Khan, requesting the issuance of a direction in the nature of habeas corpus for the production of his daughter Mat. Arshad Bibi (Irahad Bibi), allegedly being detained in illegal custody by the respondents and her being set at liberty. 2. The petition was dismissed for the reasons to be recorded later. 3. The facts, out of which the petition has arisen are, that Muhammad, father of Mst. Arshad Bibi (Irshad Bibi). claimed that Bhai Khan respondent No. 2, who is his brother, had been asking him for the hand of Mst. Arshad Bibi (Irshad Bibi) for his son Alam Khan respondent No. 1. He refused. He got his daughter married to one Abdul Karim son of Azim Khan on 28th January 1972. The nikah was entered in the Register of Marriages. However, it seems, though it is not clear from the petition itself, that Mst Arshad Bibi (Irshad Bibi). kept on living with her parents, in Bahawalpur District, when during her father's absence, she was abducted by the respondents, who are also alleged to have taken away Rs.. 2.500 in cash and gold, valued of about the same amount. The petitioner, the father of the detenu, lodged a report at police…