ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr.
Misc. Application No D- 593 of 2015
_________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
For further
orders on letter dated 14.12.2015
(P.O issued)
09-02-2016.
Mr.Athar Hussain Abro Advocate for applicant.
Mr. Syed Sardar Ali Shah Rizvi APG
a/w Inspector Shamsuddin Bhayo
S.H.O P.S. New Pind.
-------------
Pursuant to the Court notice, Inspector
Shamsuddin Bhayo S.H.O
Police Station New Pind Sukkur
has shown appearance and filed statement along with annexures in `respect of
F.I.R No. 136/2015 registered at Police Station ‘C’ Section Sukkur
and submits that since applicant Mst. Wazeeran is not the eye witness of the incident and has
merely expressed her suspicion on proposed accused persons namely Ali Murad (brother of applicant) Ghulam
Nabi
(uncle of applicant), Ghero (uncle of applicant) and Wali Muhammad (relative of applicant) for the alleged murder
of Mubarak Ali Shaikh, whereas, no other independent eye
witness has come forward nor any material could be collected against the
aforesaid persons, who have reportedly left to Balouchistan,
therefore, no further progress in this regard could be made in the aforesaid
F.I.R. However, it has been further stated that further efforts will be taken
to trace out the actual culprits of F.I.R No.136/2015, whenever, any connecting
material will be available, whereas, necessary protection shall be provided to Mst. Wazeeran in accordance with
law.
Mst. Wazeeran has been produced from Darul
Aman Sukkur who has categorically
stated that she does not want to live at Darul Aman Sukkur any more whereas, she
desires to contract marriage with some one whose name
she does not want to disclose in view of life threat so that she may live her
life as per own free will and choice under the protection of her husband. It
has been further stated that since she has serious threat to her life at the
hands of close relatives, therefore, she does not want to go along with any one
of them. She has further requested that the Assistant Director Darul Aman Sukkur
may be directed to allow her to perform nikkah on her free will and
choice whereafter she may be released from Darul aman on the same day, whereas, she and her husband may be
provided protection by police, who shall also ensure their safe transportation
to their destination at district Shikarpur.
Learned APG in view of
above facts and circumstances of the case, and keeping in view the wish and
desire of Mst. Wazeeran,
does not oppose the disposal of instant Misc. application in the above terms,
however, submits that the Assistant Director Darul Aman may be further directed to get a bond duly executed
from the person with whom Mst. Wazeeran
intends to get married, and after
recording his whereabouts, she may be allowed to go along with her husband and
the concerned police shall be directed to ensure the safe transportation of Mst. Wazeeran and her husband to
their destination safely.
In view of hereinabove
peculiar facts and circumstances of the case, we would dispose of instant Cr.Misc. application with directions to the Assistant
Director Darul Aman Sukkur to arrange for the Nikkah
of
Mst. Wazeeran with the
person of her own choice within a week’s time from the date of this order, on
the date, whenever Mst. Wazeeran
may so desire, however, under police protection, whereas, the S.H.O present in
Court is also directed to supervise the entire process, and after execution of
bond by husband of Mst.
Wazeeran, and obtaining his complete antecedents and whereabouts
Mst. Wazeeran shall be
released on the same day, and may be allowed to go along with her husband,
however, under police protection to be provided by him along with S.H.O of area
Police station, whereas all the concerned police officials shall also ensure safe transportation of Mst. Wazeeran and her husband to
their destination at district Shikarpur. Compliance report in this regard
shall be submitted to this Court through Additional Registrar within 15 days.
S.S.P Sukkur is also directed to supervise the entire
process and to ensure that no harm shall be caused to Mst.
Wazeeran or her husband with whom she intends to get
married in the Darul Aman, Sukkur. Mst. Wazeeran
may be sent back to Darul Aman
Sukkur. The investigation Officer present in Court is
directed to make further efforts to trace out the alleged accused persons in
the aforesaid crime, and thereafter to submit challan
before the trial Court, however not before the date when the applicant Mst. Wazeeran after solemnization
of her marriage may be safely transported to safe destination at district Shikarpur.
Instant Cr.Misc. Application stands disposed of in the above
terms along with pending applications.
J U D G E
`
Irfan/PA J U D G E