| Case ID |
1e3bb971-f8c1-412d-be45-8aed26dbe1fb |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 174 of 19 |
| Decision Date |
Oct 30, 1972 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal regarding the custody of a young woman, Najma Bibi, after finding that the High Court's dismissal of the habeas corpus petition was justified. The Court noted that the petitioner, Shaukat Ali, claimed to be the lawful husband of the woman, but the High Court had determined that the petition was filed to further an illicit love affair and to avoid criminal prosecution for kidnapping. The Supreme Court highlighted the necessity for courts to consider the social and moral context when dealing with such petitions, emphasizing that the woman's conflicting statements about her marriage and desire to remain with her parents warranted further investigation. Consequently, the Supreme Court upheld the High Court's decision. |
| Summary |
In the case of Shaukat Ali vs. Altaf Hussain Qureshi and another, the Supreme Court of Pakistan addressed a petition for special leave to appeal concerning the custody of Najma Bibi. The petitioner claimed he was married to Najma with her consent, while the respondents contended she was being unlawfully detained. The Court observed that the High Court had rightly concluded that the petition was an attempt to evade criminal charges related to kidnapping. The decision underscores the importance of examining the intentions behind petitions filed under Section 491 of the Criminal Procedure Code, particularly in cases where social and moral implications are significant. The Court found that the conflicting statements made by Najma necessitated a more in-depth inquiry into her circumstances. Ultimately, the Supreme Court upheld the High Court's ruling, emphasizing the need to protect individuals from potential abuse of legal provisions in pursuit of illicit relationships. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ, J
|
| Lawyers |
Muhammad Nasim Khan, Advocate,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
SHAUKAT ALI
|
| Respondents |
ALTAF HUSSAIN QURESHI,
MAHMOODUL HASSAN
|
| Citations |
1972 SLD 247,
1972 SCMR 398
|
| Other Citations |
Mauj Ali v. Syed Safdar Hussain Shah
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
491
|