Constitution Petition No.S-851 of 2016
Date Order
with Signature of the Judge
Fresh Case.
1.For orders on CMA No.3883/2016.
2.For orders on CMA No.3884/2016.
3.For hearing of main case.
{Attention of the Hon'ble Court is respectfully invited to
the order dated 18.5.2016 passed by Hon'ble Chief Justice appearing on office
note, which may kindly be seen at flag ‘A’}
20th May, 2016.
Mr. Muhammad Tahir Nizamani, Advocate a/w petitioners.
Mr. Shamsher Khan, State
Counsel.
>>>>>> <<<<<<
1. Urgent
motion is accorded.
2. Exempted
subject to all just exceptions.
3. Petitioner No.1 present in Court alongwith
her counsel says that being sui juris without any coercion or force she had contracted
marriage with petitioner No.2, who is also present in Court. Copies of Nikahnama and Affidavit of freewill have also been annexed
with the instant petition. Petitioner further submits that after marriage, she
is now living with her husband/petitioner No.2 happily and performing her
marital obligations. Learned counsel for petitioner submits that being
antagonized upon marriage of petitioner, the relatives of petitioner No.1 are
causing threats to the petitioners and bent upon to cause her murder on the
pretext of honour killing or ‘KAROKARI’,
hence they approached this Court for necessary protection of life, honour and
property.
Learned State Counsel, on Court’s notice, submits
that to marry is a right guaranteed by Constitution and official respondents
shall conduct themselves strictly in accordance with
law in the manner that no one shall cause harassment to the petitioners.
To marry is a right guaranteed under Article 35 of
the Constitution of Pakistan and in the circumstances when the couple
contracted marriage with their consent and freewill but without consent of
their elders, it shall be very unsafe to call the married couple again and
again in court though the learned Assistant Prosecutor General, Sindh has made
the statement that official respondents shall conduct themselves strictly in
accordance with law in the manner that no one shall cause harassment to the
petitioner and her husband.
Under Article 29 of the Constitution it is not
only the various organs of the State but persons performing functions in
various organs of the State have also to perform their duties in the manner
that promotes the principles of policy under Chapter 2, Part II of the
Constitution, which includes Article 35. The Police Department is an organ and
authority of the State and it is the duty of the functionaries of the Police
Department to see that they act in a manner which advances the dictates of the
Constitution and not in a manner that will negate the Will of the Constitution
givers. In respect of a bona fide marriage validly contracted and in
consequence whereof the spouses are living together, the police or for that
matter any other functionary of the State has no right to disturb the marital
life of the couple. If a complaint is made to the police then, in given
circumstances, the police can and should ascertain whether a valid marriage has
taken place or not. Once the police officials come to know that a valid
marriage has taken place, then brushing aside any other social consideration,
they must not act to disrupt or otherwise interfere in the marital life of the
spouses as held in the case of MST. SAJIDA
BIBI AND OTHER V/S INCHARGE CHOUKI NO.2 POLICE STATION SADDAR, SAHIWAL (PLD 1997 Lahore 666).
In view of whatever discussed above, the instant
petition stands disposed of with directions to official respondents to conduct
themselves strictly in accordance with law and provide necessary legal
protection to petitioners in the manner that no one shall cause them
harassment. Let copy of this order be facsimiled to respondent Nos. 2, 3 and
S.S.P. Karachi-West with directions to provide necessary legal protection to
the petitioners.
Aamir/PS J U D G E