Shift Dua to shelter home in Karachi: SHC

Court observes Dua has separated from her husband, feels a threat from parents

KARACHI:

The Sindh High Court (SHC) has given permission to the investigating officer to move Dua Zehra to shelter home in Karachi.

The court observed, it is noticed that Dua Zehra is unhappy with her husband and does not want to live with him. She is also afraid of her parents, so it is appropriate for her to stay in a shelter home, the court observed and reserved verdict after hearing the arguments of Dua's father Mehdi Kazmi and the lawyer of accused.

The court said, there is no legal obstacle to move Dua Zehra to Karachi. The case is pending in the trial court of Karachi. As Dua Zehra is main character of the case, her presence in Karachi is essential. The trial court will take the final decision regarding the alleged abduction of Dua Zehra.

Earlier, a two-member bench headed by Justice Mohammad Iqbal Kalhoro heard the petition of Mehdi Kazmi regarding the recovery of his daughter. Zaheer was produced in the court under protective custody.

The petitioner's counsel submitted that he wanted to withdraw the petition. He said that he wants to refer to the relevant forums. Dua Zehra requested the court to separate from her husband. Dua Zehra said that she was afraid of her parents. Justice Muhammad Iqbal Kalhoro remarked that Dua Zehra went to Darul Aman by herself.

The petitioner's counsel submitted that the magistrate sent Dua Zehra to Darul Aman. The investigating officer submitted a progress report.

Amir Niaz advocate stated, "I am Zaheer's lawyer." The court inquired who is the new investigating officer? Justice Kalhoro remarked that we have to hear the investigating officer. DSP Shaukat Shahani said that he is the former investigating officer.

Justice Kalhoro remarked that there will be no life threat to the girl even in Karachi. The court said that security arrangements should also be made in the shelter home.

The court said that if the case is registered in Karachi, then the girl should also be brought to Karachi. The girl's parents also live in Karachi.

Home Department also wrote a letter. If the crime has been committed in Karachi, then the case will also be heard in Karachi. The court asked the accused Zaheer's lawyer," Does he want the girl not to be shifted to Karachi?" The lawyer stated that the girl cannot be shifted to Karachi. If the girl does not want to meet anyone, no one can meet her even if the court gives an order.

Zaheer's lawyer stated that this petition has become irrelevant. So, it should be dismissed.

Advocate Amir Niaz stated, Dua has said that she feels a threat from her parents.

The court remarked that the investigating officer should complete the inquiry. Justice Kalhoro remarked that the court thinks 'Dua is underage'.

The court asked the government lawyer what is the Sindh government's stand regarding this case. The representative of the federal government said that Dua Zehra should be brought to Karachi under the protection of the government.

Additional Advocate General also supported bringing Dua to Karachi. The federal and provincial governments supported bringing Dua Zehra to Karachi.

After the hearing, Mehdi Kazmi's lawyer spoke to the media and said that the petition for habeas corpus was filed. He said that the facts were different then and now. The girl has also reportedly said that she has separated from her husband. The girl has also said that she does not have a caretaker as she feels that her life is under threat from her parents.

Mehdi Kazmi's lawyer said that the Sindh government has also written a letter to the Punjab government to shift the girl to Karachi.

Meanwhile, the court of East Additional District and Sessions Judge granted interim bail to accused Zaheer and Shabbir in Dua Zehra alleged kidnapping case.

Published in The Express Tribune, July 22^nd, 2022.