By Tahir Siddiqui
KARACHI: The Sindh High Court on Monday quashed an abduction and theft case against a freewill couple from Khairpur Mirs.
While allowing the petition of Popri Khatoon, daughter of Khuda Bux Channa, and her husband, Qaim Ali Shar, a division bench comprising Justices Amir Hani Muslim and Syed Zakir Hussain also directed the police to ensure that the petitioner’s husband and her in-laws were not harassed.
The petitioners, who were declared Karo-kari or to be killed in the name of honour, approached the high court for protection from their relatives, including Popri’s father, who got a criminal case registered against the couple.
They submitted that they got married on April 21 before a Justice of Peace in Malir and later informed their parents and area police about their marriage.
The petitioners impleaded the Sukkur Regional Police Officer, the Khairpur District Police Officer, the Thari Mirwah TPO, the SHO of the Thari Mirwah police station, Khuda Bux Channa, Abdul Hakeem Channa, Rabnawaz Channa, Ali Hasan, Khuda Bux, Mohammed Ashraf and Liaquat Ali as respondents.
The woman alleged that her father and other relatives held an illegal jirga that declared them to be killed in the name of honour as she contracted a marriage at her free will and against the consent of her family.
She stated that her family became enraged over her freewill marriage with Qaim Ali Shar as they wanted her to marry a drug addict.
The petitioners submitted that they approached the Thari Mirwah police station, Mirpurkhas, to lodge an FIR against those who declared them Karo-kari at an illegal jirga, but the police refused to register a case.
They said that they later learnt that they had been booked in a case (FIR 66/2010) under Sections 365-B and 382 of the Pakistan Penal Code on the complaint of the woman’s father by the Thari Mirwah police station.
The petitioners said that the area police raided the house of Qaim Ali Shar in village Jawan Khan Shar following the holding of the jirga and the registration of a criminal case against them. They alleged that the police picked up Shar’s younger brother, Imam Ali, and they also took away livestock, including buffaloes, cows and goats.
They said that the father and relatives of Popri Khatoon were threatening the parents and relatives of Qaim Ali Shar with dire consequences.
They prayed to the court to provide them protection as their life was in danger after being declared karo-kari.
The petitioners also prayed to the court to quash the criminal case, which was registered against them with mala fide intentions.
They prayed to the court to restrain the police from arresting them in the case.
Their counsel, Hakim Ali Khan, submitted that Popri Khatoon had left her house on April 21 and the FIR against her and her husband was lodged on May 4, 2010.
He argued that no plausible explanation had been offered by the prosecution regarding the delay in the registration of the FIR.
The court in its order observed: “We are clear in our mind that the incident of nature as mentioned in the FIR has not been taken place and in the given circumstance the proceeding culminating from the FIR 66/2010, registered at Thari Mirwah Police Station on May 4, 2010 even if allowed to continue would abuse the process of court as the petitioner No. 2 (Qaim Ali Shar) and/or his family members would not be convicted. We therefore quash FIR 66/2010 registered under Section 365-B and 382 of the Pakistan Penal Code.”
SHC dissatisfied with interior ministry’s ‘evasive’ comments
The same bench directed the federal interior secretary to specifically inform the court if a missing person was detained by the Frontier Constabulary in Mohmand Agency, Fata.The bench was seized with the petition of Sher Alam who sought the whereabouts of his brother, Hazrat Ali.
He impleaded the federal interior ministry, the Sindh home department, the Sindh police chief, the DIG (Investigation), Karachi and the official in charge of the CID, Karachi, as respondents.
The petitioner submitted that his brother was picked up by law-enforcement personnel, who had come from Islamabad, at his construction material shop in North Karachi on May 25, 2009.
The deputy attorney-general on Monday submitted comments on behalf of the interior secretary stating that the detainee was not arrested or in the custody of any of the 15 departments/agencies working under the administrative control of the ministry.According to the comments, a report was called from the Frontier Constabulary which stated that the FC was not deployed in Mohmand Agency.
The SHC division bench in its order stated: “We are not satisfied with evasive comments filed on part of Interior Ministry. We directed Secretary Interior to respond to query made by this court by filing comments stating whether detenue Hazrat Ali is in custody of Frontier Constabulary of Mohmand Agency or not. Additionally, (Sindh) Home Secretary shall ensure that comments reach by next date”.
The bench adjourned the hearing to June 4.
Source: Dawn
Date:5/18/2010
