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2002 SCMR 249

Mst. AISHA BIBI vs Mst. PERMILA CLAMENCE and another

Citation2002 SCMR 249
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,449-L of 2001 Criminal Miscellaneous No,839-H of 2001
Date2001-07-17
Judge(s)Muhammad Arif, Qazi Muhammad Farooq, Sh. Riaz Ahmad
Resultappeal granted

ORDER

' SH. RIAZ AHMED, J.---The petitioner seeks leave to appeal against the judgment and order, dated 11-6-2001 delivered by the learned Single Judge of the Lahore High Court, Lahore, whereby Mst.

Aisha Bibi was ordered to be lodged in the Darul Aman.

2. Facts of the case in brief are that Mst. Aisha Bibi, who was a Christian, has embraced Islam and being a sui juris married with Maqsood Ahmed. The relatives of the petitioner did not accept conversion of her faith into Islam and her uncle Arisin lodged an F.I.R. Against the petitioner and others. The petitioner moved a petition before the High Court for quashment of the F.I.R. Wherein a learned Judge of the High Court directed for constitution of a Medical Board to determine the age of the petitioner and the Board unanimously opined that the petitioner was 18 years of age.

Respondent No,1 then filed Criminal Miscellaneous No,839-H of 2001 before the High Court wherein a learned Judge directed that the petitioner be lodged in Darul Aman. According to the learned counsel the F.I.R. Lodged against the petitioner and others has been discharged. The learned counsel further submitted that the order impugned affects the liberty of the petitioner by lodging her in the Darul Aman. Furthermore, she is at advance stage of pregnancy.

3. Under these circumstances we grant leave to appeal. Meanwhile operation of the impugned order shall remain suspended.

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