KARACHI: The Sindh High Court on Thursday disposed of a petition filed by Zaheer Ahmed, who allegedly abducted an underage girl from Karachi and contracted marriage with her in Lahore, seeking quashment of the case and also a petition filed by the girl’s father seeking supervision of investigation for not being maintainable. However, the court issued notices to the Sindh prosecutor general and investigating officer of the case on another application filed by Zaheer Ahmed seeking contempt proceedings against the PG and IO for fixing criminal liability regarding alleged abduction despite court orders.
Ahmed in his petition contended that he had contracted the marriage with Dua’s own freewill and she had given several statements before the high court and lower courts as well as police about her freewill marriage, but her father nominated him in a supplementary statement due to same grudge, and pleaded to quash the FIR.
A two-judge bench headed by Justice Mohammad Karim Khan Agha observed that the petition was not maintainable since the matter had been charge sheeted and the petitioner had alternative remedy before the trial court.
Notices issued to prosecutor general, IO on contempt plea
Syed Mehdi Ali Kazmi, father of the underage girl, through his lawyer had also approached the SHC and argued that he was dissatisfied with the conduct of the IO who, according to him attempted to conclude his investigation in favour of the accused by removing key offences without collecting any new evidence.
The petitioner contended that his underage daughter was abducted from his house in Karachi on April 16 and forced to contract a marriage. He submitted in court that he had lodged an FIR at the Al-Falah police station about kidnapping of his daughter.
He pleaded that the investigation of the case be supervised by a DIG and the IO be restrained from submitting the charge sheet.
The bench also deposed of this petition for not being maintainable in the constitutional jurisdiction of SHC and observed that the charge sheet had already been filed before the court concerned and the petitioner had alternative remedy before the trial court.
The same bench also put the PG and IO, alleged contemnors, on notice with direction to appear before it on the next hearing, to be fixed after six weeks.
The counsel for Ahmed argued that alleged contemnors were implicating the petitioner and his family members in the case which was blatant disobedience of high court orders and tantamount to contempt.
Published in Dawn, August 19th, 2022
