Court: Take report to magistrate, court tells officer

Published: January 12, 2011

KARACHI: Sindh High Court (SHC) ordered an investigation officer to record the statement of a girl, who married of her own will, and file it before the magistrate for disposal.

A division bench of SHC, headed by Justice Sajjad Ali Shah, gave these orders on Tuesday to the investigation officer of Gambat Police Station, Khairpur Mirs, accepting that the girl is “sue juris”, meaning an adult.

The bench was hearing a constitutional petition filed by Waziran Narejo and Riaz Narejo, both residents of Phori Narejo village. Waziran submitted that her father, Karim Bux Narejo, lodged an FIR No 295/2010 under section 365-B, 148 and 149 Pakistan Penal Code against her and her husband. She said that she swore before a competent court that she was marrying Riaz of her free will. The FIR is false and fabricated, she said, in the presence of her parents. After hearing the petitioner, the bench directed the investigation officer to record Waziran’s statement and file a report before the area magistrate, who was directed to dispose of the case in a week’s time.

In a similar case, Museera Saleem Memon and Muhammad Fahad filed a petition in which they claimed the New Town Police harassed them. Her father lodged a complaint at the police station saying that she was kidnapped even though she married of her own will. As no respondent police official was present, the bench ordered repeat of notice to respondents for January 20.

Published in The Express Tribune, January  12th, 2011.

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