| Case ID |
1ac9ae09-06f7-47a1-9be1-e63f93a7a671 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous B. A. No. 647-M of 2012 |
| Decision Date |
Dec 26, 2012 |
| Hearing Date |
|
| Decision |
The bail application of the accused/petitioners was dismissed. The court ruled that there was a prima facie case against the petitioners under section 310-A of the Pakistan Penal Code, which prohibits the practice of giving a female in marriage without her consent, referred to as 'swara'. The court emphasized that such actions are against the fundamental rights and dignity of individuals as enshrined in the Constitution of Pakistan. The court noted that the accused participated in a jirga that resulted in the victim being handed over under duress, which is a violation of the law. Therefore, the petitioners were not entitled to bail based on the evidence presented. |
| Summary |
In the case of Criminal Miscellaneous B. A. No. 647-M of 2012, the Peshawar High Court addressed serious allegations involving the illegal practice of 'swara', where a woman was given in marriage as a form of dispute resolution. The case arose from a jirga decision that resulted in the victim being handed over as compensation for an alleged illicit relationship. The court emphasized that such practices are not only illegal under the Pakistan Penal Code but also violate fundamental human rights. The judges highlighted the importance of protecting women's rights and the necessity of adhering to legal standards. This case reflects ongoing legal struggles against traditional practices that undermine women's dignity and rights in Pakistan. The decision reinforces the legal framework against forced marriages and highlights the judiciary's role in promoting justice and equality. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ROOH-UL-AMIN KHAN, J
|
| Lawyers |
Abdul Qayum,
M. Ikram,
Ikramullah Khan, A.A.G.
|
| Petitioners |
MUHAMMAD SULTAN,
Rahimuddin
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 550,
2013 PCRLJ 950
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
310A,
147,
149
|