KARACHI: Sindh police on Thursday recommended cancellation of an FIR lodged by parents of Dua Zehra, who had gone missing from Karachi and was recovered from Punjab, saying that the claims about her kidnapping and being underage could not be proved.

On June 7, the Sindh High Court had allowed Zehra to decide whom she was intending to reside or go with after she denied on oath that she had been kidnapped by her purported husband, Zaheer Ahmed, saying that she had married him of her own free will.

The police had booked Zaheer Ahmed, cleric Hafiz Ghulam Mustafa, who had allegedly solemnised their underage marriage, and Ali Asghar, a witness to the marriage.

On Thursday, Judicial Magistrate (East) Aftab Ahmed Bughio fixed the matter for June 20 to hear arguments from the parties on the challan filed under Section 173 of the criminal procedure code.

Police urge magistrate to cancel parents’ FIR

Earlier, Investigating Officer (IO) DSP Shaukat Ali Shahani filed the final challan stating that during investigation it was found that the circumstances, documentary evidence and statements of Dua Zehra were first recorded before a Lahore judicial magistrate under Section 164 of the CrPC and later before the SHC on oath and it turned out that the woman had gone from Karachi to Punjab of her own free will and no one had kidnapped her.

He said that a medico-legal officer’s certificate also suggested Dua’s age between 16 and 17 years, and therefore, no offence of her kidnapping was made out under Section 364-A of the Pakistan Penal Code, according to which an abductee’s age must be less than 14 years.

The IO further said that since marriage of Dua and Zaheer had taken place in Lahore and because every province had different traditions and laws related to marriages, therefore, Sections 3 / 4 of the Sindh Child Marriage Restraint Act, 2013 were also not attracted in the present case.

DSP Shahani stated that since the girl had denied before the magistrate and the SHC that she had been kidnapped, therefore, Section 216 (harbouring offender) of the PPC was also not applicable against the bridegroom’s 10 relatives, who on this basis had already been discharged from the case by the court under Section 63 of the CrPC.

Mr Shahani maintained that the remaining detained suspects, cleric Hafiz Ghulam Musfata and Asghar Ali, were also found to be innocent, thus their further detention would be injustice to them.

He recommended to the court to also discharge them from the case under Section 169 of the CrPC over lack of evidence.

Concluding the report, the IO recommended to the magistrate to accept the challan in C-class and order cancellation of the FIR.

A case was registered under Sections 364-A (kidnapping or abducting a person under the age of 14), 216 (harbouring offenders) of the Pakistan Penal Code read with Section 3(i) of the Prevention of Trafficking in Person, 2018 read with Sections 3 / 4 of the Sindh Child Marriage Restraint Act, 2013 at the Al-Falah police station on the complaint of the girl’s father, Syed Mehdi Ali Kazmi.

Published in Dawn,June 17th, 2022

Opinion

Editorial

‘Source of terror’
Updated 29 Mar, 2024

‘Source of terror’

It is clear that going after militant groups inside Afghanistan unilaterally presents its own set of difficulties.
Chipping in
29 Mar, 2024

Chipping in

FEDERAL infrastructure development schemes are located in the provinces. Most such projects — for instance,...
Toxic emitters
29 Mar, 2024

Toxic emitters

IT is concerning to note that dozens of industries have been violating environmental laws in and around Islamabad....
Judiciary’s SOS
Updated 28 Mar, 2024

Judiciary’s SOS

The ball is now in CJP Isa’s court, and he will feel pressure to take action.
Data protection
28 Mar, 2024

Data protection

WHAT do we want? Data protection laws. When do we want them? Immediately. Without delay, if we are to prevent ...
Selling humans
28 Mar, 2024

Selling humans

HUMAN traders feed off economic distress; they peddle promises of a better life to the impoverished who, mired in...