 |
| Writ Petition 491 Cr.PC |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Writ Petition for recovery of detenu daughter (491 Cr.PC)
IN THE
W.P No.
_______/2013
Farhan Yaseen S/O Mehmood Alam R/O Pupil, P.O Khas, Tehsil & District
Khushab
…Petitioner
Versus
1.
SHO PS. Talagang, District Chakwal
2.
Malik Kamran Ali Gujar
3.
Riyan Alam Rajput
4.
Suleman Alam Gujar
5.
Malik Riyan Mehmood Butt
All sons of Shahzad Alam R/O Bhalomar, Tehsil
Talagang, District Chakwal
.Respondents
WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF
ISLAMIC
Petitioner Respectfully submits as under:
A.
That through instant writ petition,
petitioner wants to recover his real daughter Rizwana Yaseen who has been illegally detained in the House
of respondent No. 2 to 5 and it is apprehended that she might be murdered in
the hands of respondent No. 2 to 5. Petitioner tried to file habeas petition before
the Additional Session Judge, Talagang but he failed to do so as Respondent No.
2 to 5 are very influential persons and have deep connections with the political
ruling party. The petitioner was not allowed to enter within the premises of Tehsil
Talagang, District Chakwal and due to said life threats to the petitioner,
instant writ petition is being filed.
1.
That addresses of the parties are correct for
service of all kind of notices issued by this honourable court.
2.
That on
3.
That since Rukhsati, petitioner and his
wife are not allowed to meet with their real daughter Mst. Rizwana Yaseen despite
number of visits.
4.
That two days back, petitioner went to the house
of the respondent No. 2 to meet his daughter. When he reached and entered into
the house of the respondent No. 2, he saw that her daughter was badly beaten by
the respondent No. 2 to 5 and her hands were tied with the rope. Upon said act,
petitioner strongly objected and tried to release his daughter from the hands
of respondents No. 2 to 5 but all in vain. Besides, petitioner was also beaten
by respondent No. 2 to 5. Respondents No. 2 to 5 extended threats to the
petitioner that if next time he came within the premises of Talagang, he would have
to face dire consequences. In the meantime, daughter of the petitioner informed
the petitioner that she had been confined in a room from the day first by the respondent
No. 2 to 5 and she would be murdered by the respondents No. 2 to 5. She further
asked the petitioner that respondent No. 2 compelled the daughter of petitioner
for illicit relations with other persons for gain of money.
5.
That petitioner approached the respondent
No. 1 and requested for legal action against the respondents No. 2 to 5 but no
action has been as taken so far.
6.
That thereafter, petitioner contacted with Mr.
Imtiaz Malik Advocate at Talagang to file habeas petition before the learned
Additional Session Judge, Talagang. In the meantime, respondents No. 2 to 5 along
with four unknown person came at Kechechry Talagang and extended threats to the
petitioner that if any petition was filed against them, he would be murdered and
no body was dare to save him. Besides, petitioner was forcibly compelled to leave
the Kechechry. Petitioner had to leave the Kechechry.
7.
That petitioner seeks recovery of his real
daughter Rizwana Yaseen from the custody
of Respondents No. 2 to 5 on the following grounds.
GROUNDS:
(i)
That it is apprehended that daughter of the
petitioner shall be murdered by the Respondents No. 2 to 5 or otherwise, she
may be compelled for prostitution. With said intention, custody of respondent
No. 2 cannot be declared as lawful custody regarding husband and wife.
(ii)
That daughter of the petitioner has been
confined in a locked room and no one is allowed to meet her. Petitioner being
real father has vested right to meet with her daughter but she is not allowed
to meet to anyone.
(iii)
That petitioner is eye-witness of torture
and confinement of her daughter in a locked room. All the respondents No. 2 is husband
of daughter of the petitioner but no law of land permits him to confine his
wife in a locked room and to compel his wife for developing illicit relations with
the persons for gain of money.
(iv)
That fundamental rights guaranteed by the constitution
of Islamic Republic of Pakistan have been violated by the Respondent No. 2 to 5.
8.
That petitioner has no other efficious, speedy and alternative
remedy except to invoke constitutional jurisdiction of this Honourable Court.
Under the circumstances as stated above
It is respectfully, prayed that respondent No. 1 may kindly be directed to
produce the detenu Mst. Rizwana Yaseen confined at Bhalomar, Tehsil Talagang, District Chakwal before this
Honourable Court who may kindly be handed over to the petitioner and set at
liberty from the illegal confinement of the respondents No. 2 to 5 in the
interest of justice.
Petitioner
Through
Arslan
Ali Bhatti
Advocate,
High Court.
CERTIFICATE:
Certified as per instructions
(i)
This is the first application in this
Honorable court.
(ii)
Nothing is pending regard subject matter before
the August Supreme Court of Pakistan.
(iii)
Respondent No. 1 is impleaded in his
official capacity.
Advocate