This is a petition filed by Riaz Ahmed petitioner for the recovery of his wife Mst. Ruqia Bibi and minor daughter Mst. Zainib from the alleged illegal and improper custody of the S.H.O. Police Station Budiana, District Sialkot.
2. As desired by the petitioner through a special messenger at his expense the S.H.O., Police Station Budiana was directed to appear before this Court and to produce Mst. Ruqia Bibi alongwith her minor girl Mst. Zainib if they were with him.
3. In compliance of the said order the S.H.O. Has appeared.
4. The stand of the S.H.O. Is that about the abduction of Mst Ruqia Bibi Crime Case No.65 dated 23- 5-1995 was registered at Police Station Budiana, District Sialkot under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, that investigation was conducted, that Mst Ruqia Bibi was recovered and that her statement was recorded on 2-5-1996 when she took up the plea that Riaz Ahmad son of Muhammad Shafi abducted her alongwith six others who committed Zina- bil-Jabr with her whereupon she became pregnant and afterwards gave birth to a daughter. She expressed her desire to accompany her father and she was allowed to accompany her father.
5. In view of the aforesaid aspect of the matter I have to express that the petitioner has coined this design to get back Mst. Ruqia Bibi. The S.H.O. Has intimated that after the departure of Mst. Ruqia Bibi with her father he has no contact with her and her father. There is no reason to disbelieve him in the circumstances of the matter. In this view of the matter this petition filed under section 491, Criminal Procedure Code is held to be based on mala fides and simply a futile attempt to get back Mst. Ruqia Bibi through this Constitutional Court.
6. I dismiss this petition and burden Riaz Ahmed petitioner with compensation in the sum of Rs.2,000 to be paid to the S.H.O. The amount shall be brought by Riaz Ahmad on 10-9-1996 on which date the S.H.O. Shall appear to collect the same. If Riaz Ahmad shall not comply with this order strict legal action shall be taken.
(Sd.)
Muhammad Naseem Chaudhri, Judge.
10-9-1996 Riaz Ahmad petitioner in person.
Muhammad Bashir, Sub-Inspector/S.H.O., Police Station Budiana, District Sialkot.
Riaz Ahmad petitioner was burdened with an amount of Rs.2,000 as compensation to be paid to Muhammad Bashir, S.I./S.H.O. For bringing false and frivolous habeas petition and the amount of Rs.2,000 has been paid by Riaz Ahmad petitioner to Muhammad Bashir, Sub-Inspector.
This petition stands disposed of.
(Sd.)
Muhammad Naseem Chaudhari, Judge