Pakistan Case Lawโ† Search
PLD 1997 Karachi 309

Mst, GULZARAN vs AMIR BAKHSH and 6 others

CitationPLD 1997 Karachi 309
CourtSindh High Court
Case No.Constitutional Petition No,.D-102 and Miscellaneous Application No,211 of
Date1997-03-12
Judge(s)Ali Muhammad Baloch, M.L. Shahani
ResultPetition accepted

ORDER

1. Granted.

2. The petitioner has filed this petition in which she alleges that the respondent No,1 who is her father will sell her at Rs,1,00,000 as the respondent No,1 is indebted to Mushtaq Ahmed Zamindar.

She says that she has been married to respondent No,2 who is a minor and wants to seek divorce from such husband as the marriage was not lawful and she wants to approach the Court in Tando Bago. However, she apprehends that the respondent No,1 in collusion with the influential persons of the area and the police officers namely S.H.O. Police Station Pangrio, Taluka Tando Bago, District Badin and S.H.O., P.S. Kaloi Taluka Deeplo, District Mithi may abduct her, therefore, she has approached this Court for protection seeking restraint orders that the respondent No,1 be restrained from selling her and also pass the orders that she may reach Family Judge Tando Bago, District Badin for filing legal proceedings for jactitation of her marriage and further direct the respondents Nos.5 and 6 to afford protection by issuing instructions to all Police Officers within their districts not to harassher and that she may be able to reach the Court without any let or hindrance.

' Article 11 of the Constitution prohibits slavery and trafficking of human beings. Article 14 of the Constitution dictates that dignity of human beings shall be inviolable. Dignity and liberty are bestowed upon every human being by God Al-mighty. In Islamic Republic of Pakistan all organs of the State have been charged to adopt Islamic way of life by virtue of induction of Article 2A in the Constitution which adopts Objectives Resolution to be the substantive part of the Constitution.

' We issued notice to the Additional Advocate-General who was sitting in the Court and he waived the same, and conceded that the petitioner has a genuine grievance which may be solved by issuing proper directions. Learned Additional Advocate-General undertook to inform S.S.P. Badin and S.S.P., Mithi for protection to the petitioner so that she may safely reach the Court at Tando Bago and institute the suit or initiate appropriate legal proceedings. He also undertook that by telephone and fax such instructions will be conveyed. After the undertaking was given by the Additional Advocate-General by invoking our powers under the Constitution for protection of fundamental rights, we ordered that the protection be afforded to the petitioner and directions are issued to the Additional Advocate-General to convey our orders by telephone and fax to S.S.P., Badin and S.S.P., Mithi and particualrly they must ensure her safe passage to the Court at Tando Bago and restrain S.H.O., P.S. Pangrio Taluka Tando Bago and S.H.O., P.S. Kaloi, Taluka Deplo, District Mithi not to harass the petitioner in any manner whatsoever. In addition to the Additional Advocate-General we direct the Additional Registrar of this Court to convey such orders to S.S.P., Badin and S.S.P., District Mithi by fax/phone.

' A copy of this order shall be given to the petitioner and another copy to her Advocate Mr. Nadir Hussain, they shall inform S.S.P., Badin after instituting the suit or other legal proceedings so that the purpose of this order is served.

' The protection accorded in this petition shall remain valid till 19-3-1997. With the above observations this petition is disposed of.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch