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2015 YLR 722

FIZA JAVED and anothers vs PROVINCE OF SINDH through Home Secretary

Citation2015 YLR 722
CourtSindh High Court
Case No.Constitutional Petition No:967 of 2014
Date2014-07-25
Judge(s)Amir Raza Naqvi
ResultOrder accordingly

ORDER

1. ' AMER RAZA NAQVI, J.---On the last date of hearing notices were directed to be issued to the respondents and it was ordered that petitioners shall not be arrested in case any FIR is registered in connection with their claimed marriage. However, it was noted that affidavits have not been filed in accordance with rules and on query of the Court learned counsel for the petitioners informed that the required pro forma of NADRA although is not available in Court file, the same is available in his file. Office was directed to explain that how this petition was entertained and why the required pro forma, which should have been in the Court file is available with the learned counsel. It was also pointed out to the learned counsel for the petitioners that he has not filed any document showing the age of respondent No,1. Learned counsel was specifically directed that on the next date of hearing (today) he would produce some document in support of the fact that petitioner No,1 is 18 years old as claimed.

2. Despite the above position since the petitioners expressed apprehension that they would be harassed, protection was provided to them. Today, neither the petitioners nor the counsel is present and no intimation has been received.

3. ' In the above circumstances this petition is dismissed for non-prosecution, however,. It is expected that official respondents shall strictly act in accordance with law and in case any protection is sought by any one such protection shall be provided to him/her according to law. In case any FIR is registered against the petitioner in connection with their claimed marriage the same shall be disposed of strictly in accordance with law. No unnecessary harassment shall be caused to any one and nobody shall be arrested in such FIR unless sufficient material is available with the police justifying such arrest.

4. ' The petition along with the listed applications is disposed of in the above terms.

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