SALAHUDDIN PANHWAR, J.---During hearing of C. P. No,S-1204 of 2015 on 19.10.2015, the issues relating to violence against women, killing of innocent women on the allegation of "Karo-Kari", and forcible marriage and giving the hands of women as penalty in "Jirgas," and petitions filed by women to this Court (High Court) in considerably huge number (707, seven hundred seven) in two years, with such complaint(s), not only raises serious question towards effectiveness of pro- women laws, but also upon object and purpose of police, meant to provide protection on an emergency call. The above-titled Constitutional Petitions, on perusal of grievances, were classified into two sets and heard together.
2. Set-1 of the petitions relates to the grievance of couples, who have contracted marriage against the consent and wish and will of their parents/elders/relatives and in some of the cases ex- husband (in case of ladies, who contracted second marriage after divorce from first/exhusband) and some of them seek protection of law under the serious threat and apprehension of their lives at the hands of feudals/sardar of that clan, on the allegation of "Karo-Kari". In some of these petitions, quashment of FIRs lodged by parents/relatives of lady petitioner against their husband and his family has been sought. In most of such petitions, restraining order regarding arrest of persons indicted in such FIRs has been passed.
3. Set-2 of the petitions pertains to the grievance of lady petitioners, who have sought protection against the harassm ent and threats of life for different reasons including their forcible marriage etc.
4. The cause to address the issues jointly was not only the surprising increase in number of petition(s) by women with such grievances but also typical facts of some of grievance(s) particularly the facts of case filed by Mst. Nasreen Golo; during pendency of such case she was murdered, are that she filed C.P. No,S-1230/2015 (initially filed as criminal miscellaneous application and converted into Constitutional Petition vide order dated 21.10.2015) challenging the order of II- Civil Judge and Judicial Magismate, Kandhkot. Perusal of the contents of said petition reveals that in the year 2011, petitioner Mst. Nasreen Golo lodged FIR bearing crime No,242/2011 at Police Station A/Section, Kandhkot, under Sections 452, 506(2), 34, P.P.C., stating that on 09.06.2011, at about 8.00 a.m. The accused persons, named in the FIR, intruded her house and issued threats of murder.
Initially her F.I.R was not lodged by the police; same was ultimately registered in compliance of orders passed under section 22A Cr.P.C. By the Additional Sessions Judge, Kandhkot. After investigation, such F.I.R was disposed of as false. Record shows that on 21.10.2015 it was brought to the notice of the Court that after one month of filing the petition, petitioner Mst. Nasreen Golo was murdered, therefore, notice was issued to investigating officer of crime No,242/2011.
5. C. P. No,S-1222 of 2015; with regard to a news item published in daily newspaper "DAWN", Karachi regarding killing of a woman by her husband under suspicion of her relationship with a person, namely Munir Bajkani and imposition of fine of Rs,1.2 million by 'Jirga' held by tribal elder in the said extramarital affair case. Such news item reads as:--- "SUKKUR: A Jirga (tribal court) held in Kech Bajkani village near Tangwani town of Kandhkot- Kashmore district on Monday imposed a fine of Rs,1.2 million on a man found guilty of having 'an extramarital affair. Presided over by a tribal elder, Baban Bajkani, the Jirga heard the aggrieved and defence sides and found Munir Bajkani of having an extramarital affair with a married woman belonging to his own community. She was killed by her husband soon after he came to know about her relationship with the suspect.
A large number of Bajkanis who attended the Jirga endorsed the ruling after which the guilty side was ordered to pay a fine of Rs,1.2 million to the woman's husband.
The 'convict' paid an amount of Rs,100,000/- on the spot and undertook to pay off the remaining amount within the next three months."
6. C.P. No,S-1204/2015 (initially filed as Crl. Misc. Application No,S-133 of 2015) was filed by petitioner Noor Muhammad, seeking recovery of his daughter abductee Mst. Naseeban, and showing apprehension of her murder on the allegation of "Kari". The brief narration of facts in the said petition reveals that petitioner's daughter Mst. Naseeban after only 06 months of her marriage was divorced by her husband Gulzar Ahmed (arrayed as respondent No,6 in the petition), where-after she was residing in the house of her father i.e, petitioner, but on 14.9.2015 she was abducted from the house of petitioner by her ex-husband and others and such FIR bearing crime No,244/2015 was lodged by petitioner at Police Station C/Section, Kindhkot, under Sections 324, 452, 365-B, etc. Of Pakistan Penal Code. On 19.10.2015, accordingly following order was passed:- "Learned D.P.G contends that issue is serious; many women are filing petitions for their protection.
' Looking to the gravity of the situation, this criminal miscellaneous application is converted into constitutional petition. All the S.S.Ps of Larkana Division and Sukkur Division as well as DIGPs concerned shall submit report that in last two years, how many criminal cases have been registered on the allegation of abduction for forcible marriage; murder on the allegation of 'Karap' and against 'Jirgahs' conducted by feudals of all these areas wherein they have settled the issue of 'Karap' by receiving payment/compensation and exchange of girls. This report shall be submitted upto Thursday i.e, 22.10.2015. Office shall examine the record of this Court that in last two years how many petitions have been filed by the women petitioners due to marriage, due to dispute over property and due to false allegation of 'Karap'. All learned District and Sessions Judges of both Divisions shall submit report regarding pendency of cases involving issue of 'Karap' and other cases wherein victims are women. Office shall also tag all those similar type of petitions with instant petition. Incharge Dar-ul-Aman, Larkana and Sukkur are directed to furnish detailed report as to how many women have sought shelter to their life, on the issue of 'Karo-Kari'.
To come up on 22.10.2015 at 11.00 a.m. All concerned shall ensure that compliance is made. Office shall communicate this order to all concerned."
7. In compliance of directions contained in the above-referred order passed inC.P. No,S-1204/2015, the Deputy Inspector General of Police, Larkana and Sukkur Ranges, so also the S.S.Ps. Of both the said Ranges furnished their reports. Report of D.I.G.P., Larkana Range, provides details as under:- - "01) That, in pursuance of order dated 19.10.2015, passed by this Hon'ble Court, report was called from Senior Superintendents of Police, all of Larkana Range, vide this office letter No, Legal/DIGP/LRK/33710-16 dated 20.10.2015.
02) They have reported that following cases are registered under 'Karo-Kari' abduction for forcible marriage and Jirga settle issue of Karap and imposing of compensation of payment or exchange of girls within their respective districts.
Sr.No. District Year Karo KariAbduction for forcible marriageJirga settle issue of Karap and impose compensation of payment or exchange of girls.
0
001. Larkana 2014 201503 0583 75
02. Kamber-Shahdad Kot2014 201514 0835 470 0
03. Shikarpur 2014 201536 1252 4702 02
04. Jacobabad 2014 201529 1740 3302 01
05. Kashmore at Kandhkot.2014 201543 2518 100 0 RANGE TOTAL 192 440 07
8. Whereas, the figure of such cases as reported by D.I.G.P, Sukkar Range, reflects as under:- S.# NAME OF DISTRICTABDUCTION/FORCIBLE MARRIAGEMURDER ON THE ALLEGATION OF KARAP.JIRGA CASES.
01. Sukkur 115 49 01
02. Khairpur 193 21 00
03. Ghotki 85 39 05 RANGE TOTAL 393 109 06 9. As per details furnished by Assistant Director, Dar-ul-Aman, Larkana, figure of inmates lodged is that:-
1. Kari 23
2. Love Marriage21
3. Home Violence80
4. Raped 01
5. Divorced 07
6. Forced Marriage05
7. Kidnapped 07
8. Escaped 03 Total 147
10. As per information collected from the learned District and Sessions Judges of Larkana and Sukkur Divisions, number of cases involving violence against women, such as, abduction for forcible marriage, murder on the allegation of "Karo-Kari", within short span i.e from 01.10.2013 to 21.10.2015 was found as 332 (three hundred thirty two).
11. Such statistics are prima facie admission by the Police that in just two years in two ranges only there have been reported:-
1. 301 murders on allegation of 'Karo-Kari'
2. 833 cases of abduction for forcible marriage;
3. Conduct of as many as thirteen (13) JIRGAs
4. Seven hundred seventy petitions were filed by women in two .Years in Circuit Bench Larkana, for seeking protection.
12. At the outset learned counsel for respective parties contended that there may have been number of complaints, which either remained to hearts of victims, culprits or may have been to that of earth alone.
13. At this juncture, it would be significant to examine as to whether there exists any room either religiously or constitutionally which could be made as an excuse for committing illegal act(s)/offences with no pain of guilt; suffice to say that Islam insists 'justice' without any discrimination whether it be with reference to colour, caste, Freed, blood-relation and even Against one's own-self, as is: '0 you who believe stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents or your kin, and whether it be (against) rich or poof.' [Noble Quran 4:135]'
14. The 'Islam', per Article-2 of the Constitution, is the 'State Religion' of Pakistan which no-whete gives power or authority to a person to decide the fate of women: "And when the female (infant) buried alive - is questioned, for what crime she was killed."[Noble Quran 81:8-9] ' The Holy Quran while criticizing the attitudes of those (parents), who reject their female children, states: "When news is brought to one of them, of (the Birth of) a female (child), his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad. News he has had! Shall he retain her on (sufferance) and contempt, or bury her in the dust? Ah! What an evil (choice) they decide on?" [Noble Quran 16:58-59].
15. The Holy Quran provides clear-cut evidence that woman is completely equated with man in the Sight of God in terms of her rights and responsibilities. The Quran states:- ' Every soul will be (held) in pledge for its deeds" Noble Quran 74:38] ' It also states: "...So their Lord accepted their prayers, (saying): 1 will not suffer to be lost the work of any of you whether male or female.
' You proceed one from another..." [Noble Quran 3:195] "Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to their actions."
' [Noble Quran 16:97, see also 4:124]
16. Thus, suffice to say that Islam does not recognize any discrimination between man and woman.
The equality of man and woman is even stamped by the Constitution which is the basic structure of all Laws. A reference to Article-25, being relevant, is made hereunder:- Article 25. Equality of citizens. - (I) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex.
(3) Nothing in this Article shall prevent the State from making any special provisions for the protection of women and children.
17. It is always the undeniable duty of the State to ensure protection of eery single soul, but above Article also recognizes the status of both men and women as equal and encourages the State to make law(s) A focusing on the protection of women and children in-particular . It would be germane to have a glance over existing laws, relating to women; as well rights, status and position of a, woman from religious and constitutional view.
18. It is undeniable legal position that all the laws of the land, enshrines that a woman is free in:
(i) 'choosing her life partner; and
(ii) protecting her property and honour;
19. According to Islamic Law, women cannot be forced to marry anyone without their consent.
Ibn 'Abbas reported that a girl came to the Messenger of God, Muhammad (peace and blessings be upon him), and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice... (between accepting the marriage or invalidating it).
[Ibn Hanbal No, 24691 In another version, the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right (to force a husband on them)" [Ibn Majah, No, 1873] The Constitution in its Article 4(2)(b) & (c) ensures that: "no person shall be prevented from, or be hindered in doing that which is not prohibited by law; and "no person shall be compelled to do that which the law does not require him to do.'
20. So far as 'property and honour', the women are considered as true and complete owner(s) of their respective property which they (women) either receive in result of inheritance or as dower, dowry or C gift even. The 'woman does find her entitlement in law of inheritance and Islam does not recognize any excuse to exclude the woman from her such right. The Holy Quran dictates that: "Unto men (of the family) belongs a share of that which Parents and near kindred leave, and unto women a share of that which parents and near kindred leave, whether it be a little or much - a determinate share." [Noble Quran 4.7].
21. The men have no right to part a woman from her own belonging or property and even the Constitution guarantees such protection as is evident from Article 2(a): no action, detrimental to the life, liberty, body, reputation or property of any person, shall be taken except 'in accordance with law'; Let's not forget that accusing a chaste woman falsely shall receive the 'curse' of Allah Subhana- wa-Tala both for this life and hereafter as: "Indeed, those who falsely accuse chaste women, are cursed in this life and in the Hereafter. Theirs will be an awful doom." [The Quran. 24:231 The Article 14 of Constitution of Pakistan ensures 'dignity' and 'privacy of a home' as inviolable.
Suffice to say that though word 'man' is used in this Article yet the protection thereof cannot be confined to the 'man' because 'dignity' is also inviolable for women.
22. Accordingly, a sail even cursory to the relevant Articles of Constitution of Pakistan delivers that: i) Articles 26 and 27 provide for equal access to public places and equality of employment in the public and private sector; ii) Articles 11 and 37 (g) prohibit trafficking in human beings as well as prostitution; iii) Article 32 makes special provisions for the representation of women in local Government; iv) Article 34 directs the state to take appropriate measures to enable women to participate in all spheres of life and social activities; v) Article 35 asks the state to protect the marriage, the family, the mother and the child; vi) Article 37(e) directs the state to make provisions for securing just and humane conditions of work ensuring that children and women are not employed in vocations unsuited to their age or sex, and for ensuring maternity benefits for women in employment; vii) Articles 51 and 106 provide for the reservation of seats for women in the legislatures.
23. It is pertinent to state that if one claims to be a citizen of this soil then he, regardless of his status and power, cannot: i) declare a woman as Karl; ii) decide the fate of a lady what to talk about awarding her death penalty on pretext of Kari etc; iii) marry her with QURAN to escape her right in property; iv) give a lady as compensation for sin (if any) of others; v) maltreat/ torture her even;
24. The continuity of the poor status of women in our society reflects complete negation of egislation with regard to women laws, aimed with an object to achieve desired 'object'. The scope of Women in Distress and Detention Fund Act, 1996 was aimed to 'rehabilitate' by providing legal assistance, jobs and shelter even to those women who are: i) under trial, convicted or detained in Dar-ul-Aman; ii) disabled; iii) suffering from serious ailments, including mental ailment; iv) victims of burn cases; v) distress women and their minor children, if are in need of shelter; vi) seriously maltreated by their husband(s);
25. Our claim of being civilized society; dictates of pro-women Laws and even decrees of Sharia'h should have eliminated all said evils and there should have remained no single custom or usage degrading/lowering the women or depriving their guaranteed rights to have a fair trial against any charge (allegation) but details as given above reflects different scenario that: i) holding JIRGAs; ii) illegal decree(s) in such JIRGAs; iii) rape(s) of women in name of compensation; iv) awarding women, even minor, as budl-e-sulh; v) throwing/sprinkling of acid etc. On faces of women even at public places; is routine practice particularly in the area of Larkana and Sukkur Division, therefore judicial propriety demands to examine this issue seriously with a view to ensure strict application of law and to curb these illegal activities. Most of the offences against women are result of so-called custom or usage which allow holding of 'JIRGAs' or illegal and inhuman decisions taken in the name of 'Ghairat' etc. It may be observed here that every 'society/community' may have its own rituals; traditions and other customs to lead the life but that should not in any way be in conflict with dictates of laws of the land. It (society) shall have to honour the law(s) of land so as to let the sense of 'good governance' prevails as is demand of Article-5 of Constitution of Pakistan, 1973, which reads as: 'Article 5. Loyalty to State and obedience to Constitution and law.--(1) Loyalty to the State is the basic duty of every citizen.
(2) Obedience to the Constitution and law is the (inviolable) obligation of every citizen, wherever he may be and of every other person for the time being within Pakistan.
26. Let me insist that Constitution and all other law(s) of the land nowhere recognize any person to conduct judicial proceedings and to determine guilt or innocence, charged for any crime. Since the 'JIRGA' is not backed by any law, hence cannot be stamped as legal. The Court(s) are the competent forum(s) to pass a decree and to enforce its decree by taking all necessary assistance from all organs of the State. It is matter of fact that in certain parts of this country the true-light of education is yet to reach, hence the tradition of 'Jirga' is permitted (acceptable) as 'custom' or 'usage' but even acceptance thereof by certain masses cannot give it any legal status or capability of enforcement, because it is not only illegal but has no legal means for enforcement of decision.
27. The above context also demands a reference to Article-8 of the Constitution which reads as:- 'Article 8. Laws inconsistent with or in derogation of Fundamental rights to be void.--(1) Any LAW, or any CUSTOM or USAGE having the force of law, (in so far as it is inconsistent with the rights conferred by the Chapter), shall, to the extent of such inconsistency, be "VOID'.
(2) The STATE shall not make any Law, which takes away, or Oridges the rights so conferred, and any law made in contravention of this clause, shall, (to the extent of such contravention), be "VOID".
28. Thus, question of legality of 'Jirga' should no longer be in dispute, which otherwise stood declared as 'illegal' by this Court.
29. If there exists laws and punishments specifically addressing the issues for all said illegal acts yet there is no change in statistics, as it surfaced above. It is relevant to state that purpose of law enforcing agency is not only restricted to lodging FIR(s) or submitting reports in Court(s) to try the accused but the prime duty of law enforcing agency is: i) prohibiting happening of offences; ii) assuring sense of security / protection to each single individual; iii) ensuring a sense that a guilty shall not escape from legal and lawful punishment; iv) punishment to guilty (guilt or innocence is determined first on evidence /documents of police);
30. Albeit, law enforcing agency cannot be directly held responsible for happening of those offence(s), which occur suddenly because man to man deployment of police is not practicable, but happening of those acts which otherwise shall result in a conclusion of failure of concerned police official towards discharge of his duties, which does demand a 'watch over his territory ensuring peace and security'. Holding a 'JIRGA', and efforts for enforcing the illegal and unauthorized decree are not such acts which should remain hidden from the eye of police of such territory as it will include approach to 'GIANTS' of the Illaka (area); calling parties on a scheduled date; gathering of people at particular place (DEFtAs/OTAQs etc.), but unfortunately, such VIRGAs', even brings the victim to sell his daughters (children) in market (as reported in Jacob Abad) so as to fulfill the decree of such illegal JIRGA.
31. Every participant of such 'JIRGA' must be dealt with in accordance with law not only for such illegal act(s) but also for those offences which the illegal and unauthorized decree(s) dictate. I have no hesitation in saying that since failure of police officer of that particular territory amounts in either facilitating or aiding such conduct of 'JIRGA' and encouraging people to insist on execution of decree of such 'JIRGA' hence in future conduct of such JIRGAs should not only be stopped but in case of failure of the police officer (incharge of that territory) results in successful conduct of 'JIRGA' and compulsion upon victims, then such police officer also be prosecuted for his failure by lining him up in list of accused. A proper and vigilant eye of the police on 'conduct of such JIRGA' shall not only result in discouraging the people taking the role of 'state within State. ' but no female shall also be declared as 'Karl' nor shall be punished with such status.
32. Record reflects that two 'DARUL-AMAN' were notified in division Larkana and Sukkur by the Government of Sindh; Services General Administration and Co-ordination Department vide its Notification No,SO(C-IV)SGA&CD/3-14/13 which was issued with an object: a) To provide women with temporary refuge and safe heaven against violence, abuse and exploitation; b) To facilitatewomen's access to justice; c) To ensure provision of protection and services to the women in a manner that recognizes and respects their right to security, liberty and dignity; d) To assist women in provision of relief and redressal against violence or threat of violence; e) To make available rehabilitation programs for psychological, social and economic recovery and empowerment; f) To prevent isolation of women in distress and to enable them to maintain social contacts and engagement; To support women through process of reconciliation of negotiating conditions for rehabilitation within family, and to impart confidence in them by dispelling their sense of isolation; h) To assist women in resettlement after crises and to establish alternative social support systems where necessary; i) To protect women against exploitation resulting from compromises imposed on them by taking advantage of their desperation and a feeling that no alternatives are available to them; To provide women a peaceful environment in which they can make decisions about their future and determine the appropriate course of action to secure their interests; Since there can prevail no concept of safety and rehabilitation unless all related departments are in co-ordination with each other. The `Dar-ulAman' guidelines specifically speak active role of 'Social Welfare Department', District Administration, District Police and NG0s. Since, it was/is the responsibility of the State to provide 'security' at gross root level hence the establishment of 'Dar- ul-Aman' was to be established at each District but the record and facts are otherwise.
33. Although, Sindh Commission on the Status of Women Act, 2015 was promulgated with preamble: WHEREAS it is expedient to set up Provincial Commission on the Status of Women for promotion of social, economic, political and legal rights of women, as provided in the Constitution of the Islamic Republic of Pakistan 1973, and in accordance with international declarations, Conventions, treaties, Covenants and agreements relating to women, including Convention on the Elimination of all forms of Discrimination against Women (CEDAW), and for matters connected therewith or incidental thereto.'
But, the Commission has so far not been established, which cannot be allowed to be an excuse to let an escaped woman or a victim of violence without a shelter. I am equally conscious that cases of Uirgas), violence against women and even that of Karo-Kari often take places in interior areas or those which are still stuck up-to neck in inhuman rituals and customs, therefore, need was always to start things from those places where it needs most but there has never been any 'Dar-ul-Aman' or Safe-House' at such places. The Social welfare office, should have focused at such areas.
However, even such prima facie failure cannot be made an excuse for 'District Administration' and the 'Police', being direct Custodian of such guarantee, hence till such time the commission operates fully and comes forward with a mechanism to ensure safety of women at root level, the dictates of Constitution, assuring such protection, insist for: i) establishing safe-house(s) at District/Taluka level where a victim family could safely reside/stay till she is safely sent to her demanded place or she agrees to go with person of her choice whose ,fitness shall be subject to satisfaction of Deputy Commissioner; This is with an aim to make a sense of 'immediate safety/protection' at gross root level to such victim(s), who otherwise need not to approach the Constitutional Court(s) by spending considerable amount while continuing under agony of legal injury till the Court orders such protection for which every official, in particularly the Police and Deputy Commissioner (being holder of administrative post) are under undeniable duty. This shall also lessen the burden of police in protecting such victim(s), as they all shall remain with such safe-house(s). The safe- house shall be managed and controlled by women only, for which assistance can well be taken from NGO(s), known to be working for women or women police with coordination of Senior Superintendent of Police.
34. Hence, the Chief Secretary, Government of Sindh, is hereby directed to establish the 'Commission' under status of the Women Act, 2015 within a period of three months, which would be competent to recommend for permanent arrangements in place of above temporary arrangement, which however should not take a period exceeding three months from its establishment. However, denial and infringement of constitutionally guaranteed fundamental rights is apparent, hence as temporary arrangement the Chief Secretary is hereby directed: i) to immediately direct the Deputy Commissioner(s) to establish safe-house(s) at Taluka Level in Larkana Sukkur and Nawabshah Divisions: to be managed, controlled and supervised by Deputy Commissioner(s) of respective area(s). The establishing of such safe-house(s) should not take time more than two months; due to special circumstances of these areas; ii) to direct Senior Superintendent(s) of Police to immediately establish Cell (Rescue Centres) at 'Taluka level' and 'District level' in Larkana, Sukkur and Nawabshah Divisions, whereas in other Divisions such centres shall be established at District level; under the charge of women police officer(s) and staff but may include male police staff, which shall attend the complaint(s) of any kind of violence against women and shall ensure safe access of such victim(s) to safe-house(s).
This should not take time more than two months in interior Sindh and within three months at other places; iii) to direct the Senior Superintendent of Police of each district to ensure security of such safe- house(s) by deploying JAWANS, who, however, shall have no access inside the safe-house(s) in normal situation; iv) to direct Deputy Commissioner(s) and Senior Superintendent(s) of Police to make publication of such Rescue Centre(s) and safehouse(s) and their purpose(s) in their respective areas with coordination of Bar Association(s) and NGOs, working on the subject with good reputation; This exercise shall be completed within one month with, compliance report; non-compliance can be the reason for initiating contempt proceedings.
Till such time the 'Commission' comes with its own mechanism the safe-house(s) in whole Province, all the related persons, in particularly the Deputy Commissioner, Senior Superintendent of Police, Social Welfarc Office, NGOs shall take advantage of the guide lines so meant for Dar-ul- Aman' vide notification of the Government of Sindh, Services General Administration and Co- ordination Department vide its Notification No,SO(C-IV)SGA&CD/3-14/13, for management, control and functioning of the Safe-house(s).
35. The role of NGOs is acknowledged in the 'commission' therefore, well reputed NGOs working on the subject be made effective, in achieving the ultimate object which is nothing else but woman with dignity, honour, respect and equal status within parameters. This cannot however be achieved unless proper education is made at gross root level by local authorities with help of such NGOs, social activists and social welfare offices. Accordingly, all Commissioners of respective Divisions shall form committees consisting upon Directors of Women Development Department, Government of Sindh, Senior Superintendent of Police, Deputy Commissioner and all other stake holders as well Bar Associations. Such committees shall supervise the issues relating to women in their respective divisions and in case of any malfeasance or misfeasance they shall recommend it for legal action in accordance with law.
36. Since, it is surfaced that Sindh Government established women development department but prima facie there appears no substantive work of the department hence Secretary of that department shall submit detailed report with regard to steps taken by government in welfare of women and such report shall include budget allocation and expenditure thereon since 2003. A.R. Of this Court shall ensure that compliance is made within one month.
37. While concluding, I would say that since the law is clear that an act of contracting marriage by two sui juris is not an offence, hence the .Senior Superintendent(s) or the Court(s), as the case may be shall examine the FIR(s)/cases, complained through some of the petitions, and shall ensure that no FIR or case, involved therein, is pending merely on allegation of forcible marriage, if both (contracting partners) deny such allegations. This however shall not prejudice the application of Sindh Child Marriage Restraint Act, 2013. As regard the petitions, involving q..Estion of protection, it would suffice to say that police officials have acknowledged their liabilities with undertaking to provide required protection, which otherwise was/is absolute responsibility of police. Such undertaking by learned A.A.G. And DPG is sufficient for grievances of such petitioners; in case, any grievance is not redressed in any petition, petitioners would be competent to move application, and office shall fix it for further order, in the light of this order. With regard to C.P. No,S-1230/2015, DIGP, Larkana Division shall initiate departmental proceedings against such investigation officer.
Office shall send, this order to all the concerned quarters, with regard to prayer of petitions as well as general directions to the relevant authorities, this order shall be circulated to Inspector General of Police and all SSPs in Sindh; for compliance. The learned District and Sessions Judges of Larkana' and Sukkur Divisions, are directed to dispose of above referred cases in their respective judicial Districts, as well all other cases R instituted preceding thereto, in respect or-violence against women, within a period of three months hereof with compliance report through MIT.
38. Copy of this order shall be provided to learned AAG for compliance.
39. In above terms captioned 145 (one hundred forty-five) cases of different categories are disposed of.