Law: Pakistan Penal Code, 1860

Section: 365B

Law: Criminal Procedure Code (V of 1898)

Section: 164,161,491A,561A,491

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 491 & 491-A---Power to issue direction of the nature of habeas corpus---Nature and scope---Proceedings under Ss.491 & 491-A, Cr.P.C. are summary in character and are not intended to go beyond the summary consideration of the questions essentially relevant to the alleged detention i.e., whether a detenue is to be set at liberty and as a consequence thereof be permitted to go with the person of his or her own choice, or to drop the proceedings when the detention is found legal---Court, while deciding an application under Ss.491/491-A, Cr.P.C. is not required to go into the question of status or relationship of the parties by holding full-fledged trial of the counter-claims and it should concern itself only with free will of the detenue. (b) Islamic law--- ----Marriage---Validity---Consent of "Wali" is not required and a sui juris Muslim female can enter into a valid Nikah/marriage of her own free will. Hafiz Abdul Waheed v. Mst. Asma Jehangir and another PLD 2004 SC 219; Muhammad Ramzan v. The State PLD 1984 FSC 93; Muhammad Imtiaz and another v. The State PLD 1981 FSC 308 and Mauj Ali v. Syed Safdar Hussain Shah 1970 SCMR 437 ref. (c) Constitution of Pakistan (1973)--- ----Art. 203-GG---Judgments of Federal Shariat Court---Statement of law contained in the s of the Federal Shariat Court is binding on the High Court and the Courts subordinate to High Court. Hafiz Abdul Waheed v. Mst. Asma Jehangir and another PLD. 2004 SC 219 ref. (d) Constitution of Pakistan (1973)--- ----Art. 4---Criminal Procedure Code (V of 1898), Ss. 491 & 491-A---Right to liberty---Out of the legal rights, the right to liberty is placed on a higher pedestal, which is to be respected by all and sundry---Courts are the guardians of the liberties of the citizens---Even a worst criminal in the society is entitled to legal safe-guards and his legal rights cannot be taken away in a slipshod manner. Muhammad Akram v. The State 1998 PCr.LJ 1558 ref. (e) Criminal Procedure Code (V of 1898)--- ---S. 561-A---Penal Code (XLV of 1860), S.365-B---Quashing of F.I.R.---Alleged abductee, a Muslim sui juris and pubert woman being 22/23 years old,…

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