The Supreme Court’s Karachi Registry (SC) on Thursday disposed of a petition filed by the father of Dua Zahra – the teenager who went missing from Karachi in April and recovered from Punjab earlier this month – in the Sindh High Court ( After withdrawing his petition challenging the order of the SHC.
High Court on 8 June Government That Dua, who claims that she had contracted the marriage of her own free will, was free to decide her fate. After that his father Presented Petition challenging the decision of SHC.
A three-member bench comprising Justice Sajjad Ali Shah, Justice Muneeb Akhtar and Justice Muhammad Ali Mazhar heard the matter.
“The matter does not fall within our jurisdiction,” the court said, adding that the father, Mehdi Kazmi, should approach the respective forums for constitution of a medical board to determine his age.
The petition argued that the SHC had erred in law by setting a minor Dua at liberty instead of giving him the legal custody of the guardian. It stated that the court could only establish a person of one age at liberty, while minors were deemed to have committed to the legal custody of the guardian.
At the beginning of today’s hearing, the court asked Dua’s parents whether they had met the teenager, to which Kazmi replied that she was asked by her daughter in the SHC room for 15 to 20 minutes in the presence of a police officer. was allowed to meet.
Justice Shah also asked whether Dua’s medical examination was conducted as per the High Court order. Petitioner’s counsel Jibran Nasir gave a positive reply.
At one point, Justice Mazhar asked the petitioner whether he had challenged Dua’s medical report. “We have written a letter to the health secretary in this regard,” Nasir replied, urging the court to recover the teenager.
The court also noted that the SHC had directed the investigating officer to deposit the challan in a trial court.
During the hearing, Justice Akhtar asked where the marriage could be challenged, to which Justice Mazhar said, “In the family court.”
The court also inquired about the number of people arrested in the case so far. “Nikah Khuwan and a witness have been arrested,” Kazmi’s lawyer said.
Justice Akhtar also observed that the petitioner should have approached a civil court for relief.
Addressing the petitioner, Justice Sajjad Ali Shah said: “We understand how you feel”. [but] The girl has married of her own free will, she also has rights.”
Justice Mohammad Ali Mazhar told Kazmi that he and his wife could meet their daughter and ask whether she was facing any pressure. However, he questioned what the couple would do if Dua refused to go back with them.
After the formation of the medical board, the petitioner will reach the Supreme Court again
Talking to reporters outside the court, Kazmi’s lawyer Gibran Nasir said that the petitioner had argued that the teenager was a minor. The court said that first it should be confirmed whether Dua is a minor or not, for this it is necessary to constitute a medical board.
Nasir said the apex court has accepted the petitioner’s request for constitution of the board and assured them that the decision of the SHC in this regard will not become a hindrance.
“When we go to the medical board and come back with a report which proves that Dua is indeed a minor and the age mentioned in the previous certificate was wrong, the doors of the SC will be open again for us.”
Nasser also took to Twitter to comment in detail on his next plan of action.
“Having obtained permission from the Hon’ble SC to constitute a Medical Board in accordance with law for proper medical evidence, with the direction that the observation of the High Court with respect to the age of the girl child shall hinder the case of the parents before any court We will not pressurize our civil petition for leave to appeal (CPLA).”
Nasir said that he would now approach the Sindh High Court for constitution of a medical board and a family court to challenge the nikahnama.
They said the criminal case against Dua’s alleged husband Zaheer would continue in the lower court and they would again approach the apex court after the constitution of the medical board.
more to follow