Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---S. 11---Criminal Procedure Code (V of 1898), S.491---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider whether the proceedings in the Habeas Corpus petition as a whole were maintainable in the facts and circumstances of the case ---Abductee was directed to remain in Dar-ul-¬Aman as directed by the High Court, but the order for constitution of Board of Doctors for examining her age was suspended---Order of grant of pre-arrest protective bail to the accused by the High Court was recalled and further proceedings in the Habeas Corpus petition and the connected applications were stayed till the final disposal of the appeal. ORDER MUNIR A. SHEIKH, J--This petition is directed against the order dated 10-12-2001 of the Lahore High Court, Lahore, passed it Habeas Corpus petition filed by respondent No.2. The facts of the case are that petitioner No.1 Muhammad got a case F.I.R. No.190 registered on 13-8-2001 against Nek Muhammad, Ehsan and three others for the abduction of his daughters Mst. Nargis and Mst. Shabana under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979. The said abductees were recovered by the police from respondent No.2 and produced before the Judicial Magistrate, Sheikhupura, on 27-10-2001 for recording of their statements under section 164, Cr.P.C. The Judicial Magistrate vide his separate orders of even date recorded the statements of the abductees and observed that they had supported the case as made out in the F.I.R. in earlier statements made by them under section 161, Cr.P.C. They were handed over to the present petitioners i.e. their parents. The application made by them under section 164, Cr.P.C. was; however, dismissed. Respondent No.2, Nek Muhammad, in a clandestine manner by concealment of facts filed habeas corpus petition in the Lahore High Court on 29-10-2001. In paragraph 5 thereof he put up-a new story that Mst. Nargis and Mst. Shabana were with his brother Muhammad Ihsan and were forcibly taken away from their custody by Muhammad Ali and others at Sheikhupura. The said Muhammad Ali…

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