' Mst. Akhtar Parveen seeks bail in a case registered at Police Station City Jaranwala under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Ghulam Abbas resident of.
Mohallah Islampura, Toba Tek Singh informed the local police that Muhammad Ali had brought a young lady on his motorcycle in his house from Mohallah Bohli-di-Jhok and both of them were present in the former's house for the purpose of committing Zina. In pursuance of this information the aforementioned F.I.R. Was registered by the A.S.I. Thereafter the A.S.I. Along with three constables conducted the raid on the house of Muhammad Ali and arrested Muhammad Ali and Akhtar Parveen who were present in the house.
2. The S.H.O. Present in Court has stated that no incriminating material has so far been collected, which may go to establish that the accused Muhammad Ali had committed Zina with the arrested lady. He informs that when the police knocked, Muhammad Ali opened the door and the lady had concealed herself under a cot. This is admitted position that the complainant Ghulam Abbas is not in any way related to the lady or Muhammad Ali accused, nor there is any allegation that the house was used as a brothal house. This is also admitted that the lady was found menstruating by the lady doctor and nobody saw the accused persons performing sexual intercourse.
3. Learned counsel for the petitioner has contended that the raid in the instant case was conducted in violation of the Fundamental Rights guaranteed by the Constitution inasmuch as the raid resulted in trampling the privacy of home on the one hand and spoiling the good reputation and fair name of the petitioner, on the other. It is further submitted that the petitioner was found menstruating by the lady doctor and there was no question of her being brought for any illicit purpose. The girl was a guest in the house and the F.I.R. Was lodged for mala fide purposes in order to disgrace the accused persons. Learned counsel has criticized the role of the police in registering the case on the information of a wholly unconcerned person and conducting the raid and arresting the accused persons without there being any evidence with regard to the commission of the alleged offence.
4. The S.H.O. Has informed that the F.I.R. In fact had been registered without his information by the A.S.I. And the raid was conducted by him because some residents of the locality had gathered near the house of the accused persons and in order to pacify them the raid was conducted and the accused persons were arrested. It is admitted by him that the F.I.R. Was lodged pro bono publico by a person having no relationship with the petitioner.
5. The dignity of man and privacy of home stand guaranteed to the citizens by way of Fundamental Right under Article 14 of the Constitution. This right must be preserved and jealously guarded. Similarly right of good reputation is a basic human right at par with the right to life and property, as held by the honourable Supreme Court in Muhammad Akram v. Farman Bi PLD 1990 SC
28. This is the foremost duty of the police to ensure that provision of the Constitution, especially the fundamental rights are not violated and transgressed in pursuance of irresponsible complaints made to the police particular case must be taken in complaints which are made pro bono publico with regard to the commission of Zina. It may be observed that privacy of home is sacred not only by virtue of the Constitutional command but under Islam also great importance has been attached to the concept of Hurmat of Chaddar and Char Diwari. It is supreme in Islam and same is the position with regard to the right of good reputation. It must also be noted that mere presence of a lady in the house in the company of a man with whom she is not related is no offence. Such a presence of the male and female persons cannot even be taken as attempt to commit Zina. It is unfortunate that why can it not be presumed that the two can be together for purposes other than sexual intercourse.
6. In the instant case the complainant was not related to the girl or the male accused person. The chastity and good reputation of a woman are so precious that the same should not be allowed to be brought under cloud on the complaint of unconcerned persons. It cannot be ruled out that the allegations by an unconcerned person may be motivated by personal malice or personal whims of the complainant. Close relatives of the woman are the proper persons on whose report a criminal case may be registered, where the allegation is that she has been involved in the commission of adultery. The police in a case where allegations touching the character of a woman are levelled by unconnected person should not register the case in routine, and in any case not without prior permission of responsible senior officers. In cases where there is no allegation that any person has seen the actual commission of the offence of Zina or attempt thereof, police ought not register criminal cases. This will avoid unnecessary humiliation and embarrassment to the innocent accused persons and their families.
7. In this case the S.H.O. Has candidly conceded that no incriminating material has been found so far and agrees that the case may be cancelled. Resultantly, the bail already granted to the petitioner is confirmed and the F.I.R. Is also quashed, for which appropriate order has been separately passed in the Constitutional petition moved for that purpose.