| Case ID |
67b117b8-9420-4b5f-b758-6c44ef45c201 |
| Body |
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| Case Number |
D-731 of 2014 |
| Decision Date |
Jul 08, 2014 |
| Hearing Date |
|
| Decision |
The petitioners sought a writ of habeas corpus for the recovery of their father, Muhammad Ibrahim Joyo, who was residing with respondent Muzaffar Ali. The court concluded that the petitioners failed to demonstrate that their father was being unlawfully confined or that any of his fundamental rights were being violated. The court emphasized that an adult of sound mind cannot be compelled to reside with any specific person against their wishes. Consequently, the petition was dismissed as it did not fall within the ambit of the writ jurisdiction of the High Court. |
| Summary |
In this case, the Sindh High Court dealt with a constitutional petition where the petitioners, sons of Muhammad Ibrahim Joyo, sought the issuance of a writ of habeas corpus against Muzaffar Ali, claiming that their father was being unlawfully restrained from visiting them. The petitioners argued that they had visitation rights and that they wished to take care of their father's medical needs. The court, however, found that the petitioners did not provide adequate evidence to support their claims. It ruled that an adult cannot be forced to reside with someone against their will, and emphasized the importance of individual autonomy and fundamental rights. The decision highlighted the parameters of Article 199 of the Constitution, which governs the High Court's jurisdiction. The court ultimately dismissed the petition, reinforcing the principle that personal freedom and choice are paramount. This case serves as a critical reference for issues involving personal autonomy, fundamental rights, and the limits of judicial intervention in private matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN PANHWAR,
MUHAMMAD IQBAL KALHORO
|
| Lawyers |
Abdul Mueed Shaikh,
Sajjad Ahmed Chandio,
Allah Bachayo Soomro
|
| Petitioners |
,
MEHBOOB ALI JOYO
|
| Respondents |
,
MUZAFFAR ALI
|
| Citations |
2015 SLD 509,
2015 PLD 244
|
| Other Citations |
Human Rights Case No.8901-S of 2012
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
199(1)(b)(c)
|