1. Earlier in the afternoon today, the instant petition was taken up for hearing and this Court passed the following order:- "Through the instant writ petition the petitioner, Javaid Iqbal Khan, seeks the issuance of a writ of habeas corpus for the recovery of detenue who is his daughter aged about 38 years with two minor children.
2. Learned counsel for the petitioner submitted that the petitioner's daughter was abducted by the Islamabad Capital Territory Police at 06:00 p.m. yesterday from the chamber of the detenue's lawyer after she was discharged vide order dated 14.07.2024 passed by the learned Judicial Magistrate Section-30, Islamabad in case FIR No.167/2024, dated 10.07.2024 registered under Sections 9 and 10 of the Prevention of the Electronic Crime Act, 2016; and that vide judgment dated 10.07.2024 passed in Crl. Revision No.39439/2024, the detenue was discharged from case FIR No.823/2023 registered at Police Station Cantt Gujranwala.
3. He further submitted that after 09.05.2023, twelve FIRs were registered against the detenue; and that in four case, she has been discharged while in other cases she has been enlarged on post arrest bail.
4. On Court's call, the learned Additional Attorney-General as well as learned Advocate-General, Islamabad tendered appearance before this Court and submitted that they have no information regarding the whereabouts of the detenue.
5. Issue notice to the respondents.
6. The Inspector-General of Police, and the Director General, Federal Investigation Agency, Islamabad are directed to produce the detenue before this Court today at 05:30 p.m. The respondents are also directed not to remove the detenue from the jurisdiction of this Court. Office shall serve a copy of this Order to the Secretary, Ministry of Interior as well as the remaining respondents.
7. C.M.No.01/2024 Notice.
8. Copy Dasti."
9. The petition was again taken up for hearing at 05:30 p.m. The Inspector General of Police, Islamabad was in attendance and the detenue, Sanam Javed, was produced before the Court.
10. The learned Additional Attorney-General submitted that no warrants for Sanam Javed's arrest had been issued in any case by the Federal Investigation Agency.
11. The learned Advocate-General, Islamabad submitted that FIR No.38/2023 had been registered against Sanam Javed on 09.05.2023 at Police Station Bijli Road, Quetta in the Province of Baluchistan for offence under Sections 324, 302, 337A, 337D, 337F, 186, 353, 147, 148, 149, 341, 427, 436, 124A, 153A, 505 and 109 of the Pakistan Penal Code, 1860 read with Section 7 of the Anti Terrorism Act, 1997, and that warrant for her arrest was issued by the Special Judge Anti-Terrorism Court No.IV on 10.07.2024. The Senior Superintendent of Police, Quetta had vide letter dated 14.07.2024 requested the Deputy Inspector General of Police (Operations), Islamabad to assist in the arrest of Sanam Javed. The Senior Superintendent of Police, Quetta had also deputed a team of police officers to proceed to Islamabad for the purpose of arresting Sanam Javed.
12. The copy of the FIR produced by the learned Advocate-General, Islamabad is in very small print and had to be read with a magnifying glass. Perusal of the said FIR shows that Sanam Javed is not nominated therein.
13. The question as to whether Sanam Javed could be arrested in numerous and successive FIRs pertaining to a single occurrence on 09.05.2023 is a question of vital constitutional importance and the same needs to be adjudicated upon after hearing the learned counsel for the contesting parties at length. It also needs to be determined as to whether the manner in which Sanam Javed had been dealt with by the State transgresses the law laid down by the Hon'ble Supreme Court in the cases of Mst. Sughran Bibi Vs. The State (PLD 2018 SC 595), FIA through Director General FIA and others Vs. Syed Hamid Ali Shah and others (PLD 2023 SC 265) and also by this Court in the judgment dated 25.06.2024 passed in writ petition No.416/2023 titled "Sheikh Rashid Ahmad Vs. IG Islamabad and others" and order dated 19.09.2023 passed in writ petition No.2733/2023 titled "Muhammad Ali Wazir Vs. Federation of Pakistan."
14. Given the nature of the case at hand, questions of Constitutional importance mentioned herein above and the fact that Sanam Javed is a lady with no previous conviction and has suffered incarceration in different police stations since the past more than one year, I deem it appropriate to issue notice to the learned Attorney-General for Pakistan in terms of Order XLVII-A CPC. The learned Attorney General for 1 Pakistan is requested to assist the Court in this matter on the next date of hearing which is fixed for Thursday, i.e. 18.07.2024. Until the next date of hearing, the respondents including the Inspector General of Police, Islamabad shall ensure that Sanam Javed is not arrested by the Islamabad Police and also not taken out of the jurisdiction of this Court. Since the warrant for the Sanam Javed's arrest issued by the Special Judge Anti-Terrorism Court-IV is said to have been executed and the process of transit remand was in progress when this Court ' issued a direction for her production before this Court, I deem it appropriate to admit her to interim bail in exercise of the Constitutional jurisdiction of this Court until the next date of hearing only subject to furnishing of personal bail bonds in the sum of Rs.5,000/- in the like amount to the satisfaction of the Additional Registrar (Judicial) / Deputy Registrar (Judicial) of this Court.
15. It is well settled that this Court has ample jurisdiction to convert a petition seeking the issuance of a writ of habeas corpus into a petition for the grant of bail or a petition for the quashment of FIR.
16. Sanam Javed is directed to appear before this Court on the next date fixed. She is also cautioned not to voice remarks which would prejudice the proceedings before this Court.
17. The conduct of the Inspector General of Police, Islamabad in this matter today is appreciated.
18. 18/07/2024
19. Learned Attorney-General for Pakistan tendered appearance and submitted that he is gone through the two orders passed on 15.07.2024 by this Court. He submitted that Sanam Javed shall not be arrested in any case; that Balochistan Police shall not press its request before Courts in Islamabad for transit remand for the transfer of Sanam Javed to Balochistan; and that Sanam Javed is at liberty to travel to her home in Punjab.
2. The petitioner is satisfied with the said submission of the learned Attorney-General. Therefore, I deem it appropriate to dispose of the instant petition in the above terms. However, Sanam Javed, who is present in the Court, ought to exercise utmost caution and discretion in her statements which she posts on social media. Learned counsel for the petitioner has also assured the Court in this regard.