KH. MUHAMMAD SHARIF, CJ. - In continuation of my order dated 22.6.2010 which is detailed one, Mst.
Aneela Yousaf present in Court submits that she was married with Sh. Afzal Manzoor and a child was born out from their wedlock; that now divorce had taken place between the parties; that Sh.
Afzal Manzoor is residing in his house situated Timber Market and the minor is within.
2. Learned counsel for the petitioner submits that Mst. Aneela Yousaf respondent is a desperate criminal woman, she contacted with Sh. Afzal Manzoor telephonically; abducted him and has confined him with his daughter.
3. Learned Additional Advocate General submits that litigation is pending between the parties; that present respondent had filed a petition under Section 7 of Guardian and Wards Act before the learned Guardian Judge at Sheikhupura; that she also filed transfer application bearing No. 380-C of 2009 which came up for hearing before my learned brother Mian Saqib Nisar, J. (as he then was) and on 13.11.2009 following order passed:- "States that the minor Tayyaba is residing alongwith the petitioner at Sheikhupura, where the petitioner has filed a petitioner under Section 25 of the Guardian and Wards Act, for her custody, while the respondent has filed a similar petitioner at Lahore, which under the provisions of the said Act is liable to be transferred to Sheikhupura. Issue pre-admission notice to the respondents.
2: In the meantime, the proceedings in the guardian petition filed by *the respondent at Lahore are stayed."
4. Further submits that thereafter matter was fixed for 18.5.2010 before my learned brother Sh.
Azmat Saeed, J. And following order was passed:- Through this petition, the petition has sought transfer of petition filed under Section 25 of the Guardian and .Wards Act, 1890 from the Court of Guardian Judge-II, Lahore to the Court of competent jurisdiction at Sheikhupra.
The learned counsel for the respondent states that the said petition has been decided on 21.1.2010 and is no longer pending, perhaps, this is the reason for non-appearance of the petitioner before this Court. In the circumstances, this petition apparently fructifies and is disposed of accordingly.
5. Adds that during the stay granted by this Court as mentioned above, one of the alleged detenue Sh. Afzal Manzoor got ex parte decree from the learned Guardian Judge, Lahore on 21.1.2010; that he also got warrant under Section 100, Cr.P.C. On 18.5.2010-, that was duly executed, minor was produced before the learned Guardian Judge' Lahore and was handed over to Sh. Afzal Manzoor; that present respondent Mst. Aneela Yousaf filed an application before the learned Guardian Judge, Lahore for withdrawal of warrant under Section 100, Cr.P.C., same was withdrawn and then the learned Guardian Judge ordered Sh. Afzal Manzoor to produce the minor before the Court; that since then Sh. Afzal Manzoor is playing hide and seek with the Court and his not complying with the order of learned Guardian Judge, Lahore; that again on 21.6.2010 learned Guardian Judge was forced to direct S.H.O.
Concerned to take all coercive measures in order to recover the minor and produce before the Court on 25.6.2010 and on 21.6.2010 present petitioner, filed this habeas corpus petition when the above-said order was passed by learned Guardian Judge; that this petition was fixed before this Court and a notice was issued to respondent No. 2 with the direction to produce Sh. Afzal Manzoor and Tayyaba minor before this Court on 22.6.2010 and security amount of Rs. 5000/r was ordered to be deposited with the office; that on the other hand respondent Mst. Aneela Yousaf also filed Criminal Miscellaneous No. 902-H of 2010 before this Court which was fixed before my learned brother Ijaz-ul-Ahsan, J. On 21.6.2010 and he ordered for production of minor daughter of present respondent on 28.6.2010. Adds that it is impossible that Mst. Aneela Yousaf would summon her ex- husband alongwith minor and detained them. Learned Additional Advocate General lastly submits that in order to counter the warrant under Section 100 issued by learned Guardian Judge this habeas petition has been concocted.
6. Learned counsel for Mst. Aneela Yousaf respondent adopts the arguments of learned Additional Advocate General and submits that a detailed inquiry had already been conducted and the police may be directed to produce Sh. Afzal Manzoor from where he is available.
7. I have heard learned counsel for the parties. In the instant case _ as submitted by learned Additional Advocate General that transfer application bearing No. 380- C of 2009 was filed by Mst.
Aneela Yousaf respondent against Sh. Afzal Manzoor the alleged detenue and her ex- husband which was disposed of as mentioned above. Mst. Aneela Yousaf also filed Criminal Org. No. 62-C of 2010 against Sh. Afzal Manzoor which came up for hearing before my learned brother Sh. Azmat Saeed, J. On 20.5.2010 in which notice as issued to the respondent. Mst. Aneela Yousaf also filed Criminal Miscellaneous No. 902-H of 2010 titled Aneela Yousuf. Sh. Afzal Manzoor which was filed on 19.6.2010 i.e. On Saturday and it was fixed on 21.6.2010 before my learned brother Ijaz-ul-Ahsan, J.
Who passed the following order:- "The learned counsel for the petitioner submits that the minor daughter of the petitioner is being unlawfully detained by respondent No. 1.
Let notice be issued to the said respondent to produce the detenue in this Court on 28.6:2010.
Respondent No. 3 shall ensure compliance of this order."
A copy of the petition is handed over to the learned D.P.G., who shall coordinate this matter.
8. Learned Additional Advocate General has rightly argued that on 21.6.2010 learned Guardian Judge, Lahore issued warrant against the alleged detenue Sh. Afzal Manzoor for production of. The minor with the direction to S.H.O. Concerned, to adopt all the coercive measures for his production and on the same day this habeas petition was filed at 2.00 p.m. And I fixed it before this Court. On the said date I had inquired from learned counsel for the petitioner that what is the relationship of present petitioner with the alleged detenue ,Sh. Afzal Manzoor, he submitted before me that he was married with the sister of present petitioner and I have told him that I have doubt about the bona fide of this petition and for this reason I increased the security amount from Rs. 2000/- to Rs.
5000/-.
9. Mst. Aneela Yousaf respondent present in Court has submitted before this Court that divorce had already taken place between the parties. It is not expected from a woman that she can confine her ex-husband alongwith minor daughter.
10. After having heard learned counsel for the petitioner and learned Additional Advocate General I am fully convinced that this application has been filed to counter the warrant under Section 100, Cr.P.C. Issued by learned Guardian Judge for the recovery of minor with the direction to S.H.O.
Concerned to adopt all the coercive measures for the production of alleged detenue Sh. Afzal Manzoor. In this view of the matter, I am of the view that this petition has been filed with mala fide intention, ulterior motive and to counter warrant under Section 100, Cr.P.C. Issued by learned Guardian Judge, Lahore. This petition is dismissed and security amount is forfeited.
11. Let a separate file be prepared and I have asked learned Additional Advocate General to direct S.P. City, Lahore to take all coercive and legal measures for the recovery of Sh. Afza Manzoor alongwith his minor daughter from where they are available and produce them before this Court on 28.6.2010. Criminal Miscellaneous No. 902-H of 2010 and Criminal Org. No. 62-C of 2010 shall also be fixed before me on 28.6.2010.