http://www.supremecourt.gov.pk/HR_Cases/9th%20final/5466-Pof2010.pdf
IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION)
PRESENT:
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.
Mr. Justice Khilji ArifHussain
Mr. Justice Khalil-ur-Rehman Ramday
Human Rights Case No.5466-P of 2010 (Application by Rukhsana Bibi thr. News Clipping in daily “News Mart dated 22.02.2010)
On Court Notice: Mr. Yousaf Leghari, A.G. Sindh Mr. Alan Khan, DSP, Ghotki
Mr. Abdul Rashid, SIO
Mb. Shahida Parveen, H/C
With Ms.Rukhsana Parveen
& Ameer Abbas
Voluntary appeared: Mr. Shaiq Usmam, Sr. ASC
Date of hearing: 06.04.2010
ORDER
This suo moto action has been taken in pursuance ci news published in daily “News Mart” in respect of the tale of Mst. Rukhsana )arveen and A meer Abbas, wherein it was mentioned that being grown up, they have contracted marriage with their free will but their relatives got registered FIR being No. 126/09 u/s 365-B, P PC, at PS Aadil Put, District Ghotki against theno. Althoueh being sui-juris have legal right to live as per their accord yet they are apprehending danger to their lives, particularly when they have to go to Ghotki in response to the notice being issued by the Court for attendance of the case, registered against thenl.
2. It lilay be noted that according to the facts brought record, the couple had contracted marriage in Bahawalnagar; both seein to be crown up. As far as Mst. Rukhsana Parveen is concerned, she is educated lady as she is M.A. Psychology whereas Ameer Abbas has done Master in Ma ematics, therefore, there is no question of abduction or kidnapping to the by hilli. They contracted marriage according to their free will and are l i v i 11Ü by exercisina fundanlental rights. However, they have been produced by tkt Advocate General Islannabad where presently they are living because of apl ehending to stay in the Province of Sindh, particularly, in Ghotki, the area, to whicl they belong.
3. On having examined the case and hearing their viewpoints, we are of the opinion that there is no justification for registration of the case against thenn u/s
hiRC 5466_ F)// o 2
365-B, P PC. Therefore, we direct the Advocate• General to approach the Government of Sindh for the purpose of cancellation/withdrawal of the FIR. As they have been brought from Isl”i.ildbad by police therefore, they are directed to be taken back to Islamabad as free person, not in custody. Mr. Alan Khan, DSP is directed to take them back safely so no one may cause any loss to their persons or properties. Learned Advocate General stated that he woyld 1; range air tickets for the couple as well as the DSP today for Islamabad. Thé BPO is directed to sublilit report to the Registrar of this Court at Islamabad that he has complied with the orders of this Court and couple has reached safely over there.
4. Copy of this order be sent to the I.G. Islalnabad with direction to provide them protection during the period of their stay over there, so no one may cause loss to their lives and properties. Copy of this order be also sent to the Court seized with the matter, not to issue any process against them and in the meantilne the Govemment will withdraw/cancel the FIR.
5. It is informed by Mr. Ameer Abbas that his parents/relatives are also being harassed by the relatives of Mst, Rukhsana Parveen, therefore, under the circurnstances, we direct the PPO, Sindh through the Advocate General that they should also provide protection to them, so they may assume their daily routine work and no one should cause anv loss to them. Disposed of.
Karachi the
April, 2010
Nisar/*
IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
Present;
Mr. Justice Khilji Arif Hussain
Mr. Justice Rahmat Hussain Jafferi
HUMAN RIGHT CASE NO. 5466-P OF 2010
(Application by Rukhsana Bibi)
In attendancc Mr. A. Fatah Malik, Addl.A.G.
Mr. Altaf Hussain, SHO
Mr. A. Rashccd Dayo SIO
Date of Hearing: 01.04.2010
ORDER
Learned Additional Advocatc Gcncral, requests for adjournment to look into the matter personally. At his request, the case is adjourned Lo 06.4.2010.
Karachi, 01.4.2010
Nasser
Human Rights Law 