| Case ID |
0986cc79-c5ee-4584-afeb-57d0e17cba2a |
| Body |
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| Case Number |
Writ Petition No. 122-H of 2012 |
| Decision Date |
May 15, 2012 |
| Hearing Date |
May 03, 2012 |
| Decision |
The court allowed the constitutional petition for the recovery of the detenue, Mst. Saira, after considering her voluntary statement recorded before the Judicial Magistrate, where she claimed she was forcibly abducted. The court noted that the abductor, Allah Ditta, was approximately 90 years old and his claim that she was his wife lacked credible evidence. The High Court directed a police squad to ensure the safe return of the detenue to her family. |
| Summary |
This case involves a constitutional petition filed for the recovery of a detenue who was allegedly abducted by her abductor, claiming she was his wife. The High Court reviewed the evidence presented, including the statement of the detenue, who expressed her unwillingness to stay with her abductor. The court found the claims of the abductor to be unsubstantiated and directed the police to facilitate the safe return of the detenue. This case highlights issues of forced abduction and the importance of protecting the rights of individuals in legal custody disputes. Keywords: abduction, constitutional petition, rights of the detenue, legal proceedings, Peshawar High Court. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Syed Sajjad Hassan Shah
|
| Lawyers |
Abdur Rehman Tariq Khand,
Fatal Rahim Khan,
Saifur Rehman Khan
|
| Petitioners |
Allah Dad
|
| Respondents |
Allah Ditta,
S.H.O.
|
| Citations |
2012 SLD 2718,
2012 YLR 2926
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
491,
199
|