' About the forcible abduction of his daughter, Mst. Tahira Perveen aged 23 years on 20-5-1995 at 9-30 a.m. In a car, Mukarram Khan petitioner got recorded F.I.R. No,231, dated 21-5-1995 at Police Station, New Multan. According to him his enemy Muhammad Hanif was the accused who had insulted him to the highest extent.
2. On 30-5-1995 Mukarram Khan, petitioner filed this Writ Petition No,3078 of 1995 to obtain the proposed relief to the effect that the S.H.O. Police Station, New Multan and Abdul Wahid S.I./Investigating Officer Police Station, New Multan may be directed not to hand over the custody of his daughter Mst. Tahira Perveen to Muhammad Hanif, that her custody may be handed over to him and that her statement under section 164, Criminal Procedure Code from a Magistrate 1st Class may not be got recorded in favour of Muhammad Hanif who is the accused of the cognizable case. It is narrated in the writ petition that Muhammad Hanif accused was married to Mst. Kalsoom Akhtar who was the real sister of mother of Mst. Tahira Perveen. According to him on the pretext of getting a job for Mst. Tahira Perveen his "Hum Zulr Muhammad Hanif got her signatures on some documents and later on prepared the Nikahnama, but his daughter instituted a suit for jactitation of marriage before the Judge, Family Court, Chishtian where his statement and that of the aforesaid Mst. Kalsoom Akhtar P.W.1 and Ghulam Hussain P.W.2 have been recorded on oath.
According to him in her statement dated 4-1-1995 Mst. Tahira Perveen expressed that she wanted to prosecute her case.
2. The matter was taken up on 1-6-1995 at 8-30 a.m. Malik Haider Usman, Additional Advocate- General was present in the Court and he was asked to direct Abdul Wahid, Sub- Inspector/Investigating Officer to produce Mst. Tahira Perveen immediately at 9-30 a.m. The matter was taken up at 10-15 a.m. When this Court was intimated by the learned Additional Advocate-General that the information was imparted at Police Station, New Multan at 8-45 a.m.
For the appearance of the Police Officer. However, no person appeared and the matter was kept in waiting for taking the same at 11-45 a.m. The Additional Registrar of this Court was also directed in this respect and he also intimated the Police, Police Station, New Multan.
3. The matter was taken up at 12-15 p.m. When Abdul Wahid S.I. Intimated that he was informed at 9-45 a.m. That he had to appear before this Court and that he could reach at 10-45 a.m. Abdul Wahid S.I. Intimated this Court that he had prepared the report about the cancellation of the F.I.R.
On 30-5-1995 and that he handed over the abductee Mst. Tahira Perveen to Atta Muhammad father of the accused Muhammad Hanif. During the proceedings it was noted that it was narrated in para. 4, dated 29-5-1995 of the case diary that the complainant Mukarram Khan had intimated Abdul Wahid, S.I./Investigating Officer that Muhammad Hanif accused was the Khaloo of Mst.
Tahira Perveen. During the investigation Muhammad Hanif expressed that he had divorced his wife and had married Mst. Tahira Perveen while Mst. Tahira Perveen also took up the plea that she had married Muhammad Hanif being a sui juris. Since Mst. Tahira Perveen was "Bhanji" of Mst. Kalsoom Akhtar wife of Muhammad Hanif I expressed that there being nothing on record to make out that Muhammad Hanif had divorced his wife before entering into marriage with Mst. Tahira Perveen abductee it was a case of prima facie attraction of Article 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 in view of the stand of Muhammad Hanif and Mst. Tahira Perveen. The matter was adjourned to 6-6-1995 for which date I had also summoned Mr. Abdul Qadeer Bhatti, Senior Superintendent of Police, Multan so that the matter was procured with and disposed of in his presence. He is present today.
4. I have heard the learned counsel for the parties and gone through the record before me.
Mukarram Khan has produced the certificate issued by the Secretary, Union Council 100(48/F), Tehsil Chishtian, District Bahawalnagar making out that Muhammad Hanif had not sent the notice of Talaq to his wife Mst. Kalsoom Akhtar. Muhammad Hanif submitted a photostat of divorce deed dated Nil (the non-judicial stamp paper having been purchased on 5-5-1994) according to which he divorced Mst. Kalsoom Akhtar. He also submitted a photostat of Nikahnama, dated 15-5-1994 making out his marriage with Mst. Tahira Perveen and one photostat of affidavit dated 15-5-1994 got sworn in by Mst. Tahira Perveen that she had married Muhammad Hanif and was living with him as a wife.
5. It is not an ordinary case to the effect that a male and female had contracted the marriage claiming to be sui juris. The facts of the case are exceptional in the sense that Muhammad Hanif was initially married to Mst. Kalsoom Akhtar, real sister of mother of Mst. Tahira Perveen. Mst.
Kalsoom Akhtar present in the Court has specifically taken up the stand that she has not received any divorce deed or notice of divorce from her husband Muhammad Hanif till today. Without the proof of divorce to Mst. Kalsoom Akhtar Muhammad Hanif could not marry Mst. Tahira Perveen (Bhanji of his wife) being within the prohibited degree. This special feature of the case has been ignored by Abdul Wahid S.I. The case was got registered on 21-5-1995. Without taking into account in the Case Diary any proof about the divorce of Mst. Kalsoom Akhtar by Muhammad Hanif he expressed about the cancellation of the F.I.R. Under section 169, Cr.P.C. The statements of both Muhammad Hanif and Mst. Tahira Perveen in the matter have no legal force without proof especially when no certificate in the matter of divorce to Mst. Kalsoom Akhtar by Muhammad Hanif has been issued by the concerned Union Council. It is surprising that Muhammad Hanif was not arrested by Abdul Wahid S.I. Who acted in haste and finally disposed of the matter on 305-1995.
Without any proof of divorce by Muhammad Hanif to Mst. Kalsoom Akhtar (Khala of Mst. Tahira Perveen) it can safely be expressed that it is a case prima facie falling under Article 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 as both Muhammad Hanif and Mst.
Tahira Perveen claim that they are living as husband and wife and thus must obviously be committing sexual intercourse inter se. In view of the aforesaid circumstances it is an unfortunate case and plight of the family of Mukarram Khan petitioner can well be imagined who deserves sympathy.
6. In view of what has been expressed above, both Muhammad Hanif and Mst. Tahira Perveen cannot live together. They have been put under the police custody to be sent to judicial lock-up District Jail, Multan and judicial lock-up Central Jail, Multan respectively with the direction to be produced before the Ilaqa Magistrate on 15-6-1995. The case shall be investigated afresh. If the Investigating Officer found the legal necessity to get the physical remand of each of the accused he shall be entitled in the matter under section 167(1), Cr.P.C. From the Area Magistrate.
7. The dishonest investigation has been conducted by Abdul Wahid S.I. Police Station New Multan.
Mr. Abdul Qadeer Bhatti, Senior Superintendent of Police, Multan has scrupulously conceded before this Court in this regard. He has not approved the mala fide release of both Muhammad Hanif and Mst. Tahira Perveen by Abdul Wahid S.I. Hence I convey the desirability of this Court for the suspension of Abdul Wahid S.I. Police Station, New Multan to the Senior Superintendent of Police, Multan who shall hold the Departmental Inquiry against him in accordance with law within the maximum statutory period and result of the inquiry shall be sent to the Additional Registrar of this Court immediately on its conclusion. During the period of suspension of Abdul Wahid S.I. He shall not wear the uniform and shall not perform any duty including the investigation of any criminal case.