SHC releases men after quashing FIR

Published October 10, 2008

LARKANA, Oct 9: The Larkana circuit bench of the Sindh High Court on Thursday quashed an FIR lodged by relatives of a woman, accusing the man she had married of her own free will of kidnapping her, and ordered the man’s release.

The court imposed a fine of Rs300 per day, starting from July 31 on the ASI who had registered the FIR on that day and ordered him to pay the amount to the aggrieved party.

The court took the decision on an application filed by Ms Rubina Magsi in the circuit bench on Oct 6, stating that she had married Ghulam Ali Magsi of her own free will about a year ago, which had greatly annoyed her parents.

They went to a jirga, which decided to impose Rs800,000 fine on Ghulam Ali who readily paid the amount, she said.

In the meantime, an FIR was lodged against Ghulam Ali, which was later quashed by the Sindh High Court, Karachi, on Sept 21 last year, she said.

She said that her uncles Shaban Magsi and Gulsher managed to detain her and later forced her into marriage with one Ali Gul Magsi in Balochistan where she gave birth to a baby.

Ms Rubina said that during her time in Balochistan her real husband was implicated in a false FIR about kidnapping her and subsequently sent to Larkana Central Prison.

Justice Syed Mahmood Alam Rizvi took decision on the application after converting it into a petition and sent the woman to Darul Aman.

On Thursday, the court called her husband from the prison and ASI Irshad Tunio of Shahdadkot police station who had registered the false FIR.

The ASI failed to satisfy the court as to why he had registered the FIR against Ghulam Ali and his brothers and the court quashed the FIR and ordered release of all the accused.

The court asked the DPO of Qambar-Shahdadkot district to hold an inquiry against the ASI and not give him any posting till the inquiry had been completed and directed the ASI to submit his badges, star, belt to the court so as to be sent later to the DPO.

The court ordered the ASI to pay compensation to Ghulam Ali at the rate of Rs300 per day.

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