| Citation(s) |
|---|
| 1987 SLG 1671 1987 SLD 1671 1987 SCMR 906 |
Supreme Court of Pakistan
Criminal Appeal No. 146 of 1986, decided on 1st March, 1987. (On appeal from the and order of the Lahore High Court, Lahore, dated 30th June, 1986 in Criminal Miscellaneous No. 403/M of 1986).Date of hearing: 1st March, 1987.
ZAFFAR HUSSAIN MIRZA, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Mian Abdul Rashid, Advocate Supreme Court, instructed by Muhammad Aslam Choudhry, Advocate-on-Record (absent) for Appellant. Shamim Abbas Bokhari, Advocate Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for
Respondent N
Criminal Appeal No. 146 of 1986, decided on 1st March, 1987. (On appeal from the and order of the Lahore High Court, Lahore, dated 30th June, 1986 in Criminal Miscellaneous No. 403/M of 1986).Date of hearing: 1st March, 1987.
ZAFFAR HUSSAIN MIRZA, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Mian Abdul Rashid, Advocate Supreme Court, instructed by Muhammad Aslam Choudhry, Advocate-on-Record (absent) for Appellant. Shamim Abbas Bokhari, Advocate Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for
Respondent N
MUHAMMAD--Appellant
VS
Mst. MARYAM BIBI and another--Respondents
Law:
Section:
Criminal Procedure Code (V of 1898)- ---S. 491--Habeas corpus--Detenu a girl of 20 years--Respondent praying her recovery and production before Court--Detenu appearing in Court and expressing desire to accompany her closely related ladies but not parents--Court, after being satisfied that her statement was voluntary, allowing her accordingly--Appeal filed by father of detenu for recall of said order, failed--Leave to appeal--Plea raised that respondent's habeas corpus application was not made bona fide and detenu was allowed to go with respondent who was one of accused in her abduction-- Detenu being sui juris and her statement having been made voluntarily, High Court, held, was justified to pay regard to her wishes and to let her go with respondent, her closely related female--Impugned order not warranting any interference, appeal dismissed. Shaukat Ali v. Altaf Hussain Qureshi 1972 SCMR 398 distinguished. JUDGMENT JAVID IQBAL, J.--Leave to appeal in this case was granted against two orders passed by a learned Single Judge of the Lahore High Court, Lahore, dated 31st May, 1986 and 30th June, 1986. The background is that Mst. Maryam Bibi respondent had moved an application under section 491, Cr.P.C. before the Lahore High Court, Lahore (Criminal Miscellaneous No. 199-H of 1986) praying that Mst. Nur Safia detenu may be ordered to be recovered from the illegal custody of Mian Muhammad Tufail, Inspector, S. H.0. , Police Station Pindi Bhattian, Chaudhry Imtiaz Ahmad, A.S.I., Police Station Pindi Bhattian, and Bashir Ahmad resident of village Machhu Nikka, Police Station Pindi Bhattian, and be produced in that Court so that she could be set at liberty. The alleged detenu namely Mst. Nur Safia was produced before the Learned Single Judge of that Court on 31st May, 1986. The learned Single Judge ordered her statement to be recorded as she was aged 20 years and sui juris. She made the following statement: ---- "My parents are alive. I have been brought up by them. They are present outside the Court. I had not been abducted by any body nor have I got registered any case against any body. I have appeared before this Court today from Darul Amman. Before that I was…
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