The Sindh High Court (SHC) on Thursday ruled that Dua Zahra – a Karachi girl who was reported abducted in April and later discovered to have allegedly ‘run away’ in Punjab – should be allowed to live alone in Lahore. Permission could not be granted until the matter was concluded. disposed of.
The court also ruled that the police had the right to take Dua from Lahore to Karachi to participate in trial court proceedings.
Earlier this week, Dua had approached a Lahore court to request Darul Aman was to be sent citing “frequent threats” from his parents, while also underlining that he was “not on good terms” with Zaheer Ahmed, the man who contracted marriage with her. was.
Hearing a petition filed by Dua’s father Mehdi Ali Kazmi on Thursday, the SHC said that the petitioner had urged the court to shift the girl to any shelter home in Karachi, where the investigation of the matter was pending.
written decision, a copy of which is available don.comnoted that the Investigating Officer (IO) in the case had stated that efforts were already underway to recover Dua and transfer him from Lahore to Karachi and “as soon as necessary permission is given, he will be able to take custody of the kidnapper”. Will go to Lahore and produce it before the court. Seize it… and/or file it in Darul Aman, Karachi […],
It noted that it was clear that Dua was “not on good terms” with her alleged husband and did not want to be with him.
“Besides, he has no place in Lahore to seek asylum and decide at the moment” [the] future,” it said.
The verdict said it was clear that she was “afraid of the parents” and was not even interested in being with them.
It said, “In any case, staying in Lahore does not seem to her advantage in any way, especially after separation from her husband and is likely to interfere with the smooth proceeding of the case.”
It said Dua’s parents, her natural guardian, the case and the trial court are all located in Karachi.
“She is still a minor and is the main witness in the case. [and] It is necessary to participate in its proceedings. Therefore, she cannot be allowed to remain alone in Lahore until she obtains a majority and the matter is finally disposed of.
“In such facts and circumstances, there does not appear to be any legal or otherwise impediment for this Court to transfer his custody from Darul Aman Lahore and prevent and/or prevent the IO from performing his official duty to produce before him To be decided by the trial court for the purpose of disposal of the case or otherwise and for his residence at the Shelter Home, Darul Aman, Karachi or the Shelter Home for Based and Orphaned Children Sindh Karachi, as the case may be. matter earlier at the time of its production,” the order stated.
Earlier today, social activist Gibran Nasir, lawyer for Dua’s parents, said that the Sindh Attorney General and the Prosecutor General supported the family’s stand that the girl should be brought to Karachi so that they could provide for her well being. Can you
court case
Dua’s parents on April 16 filed The first information report alleges that their daughter was kidnapped when she left the house to dispose of some garbage. The incident had particularly created an uproar on social media, prompting the authorities to take notice.
About 10 days later, on April 26, there was a teenager. found from Okara. In a video statement that day, Dua had said that she was not abducted and that she had married Zaheer of her own free will.
He said that he left the house of his own free will. “I got married of my own free will. Nobody forced me. I am happy here with my husband. For God’s sake, don’t bother me,” she had said.
Dua had also claimed that her parents were lying about her age.
Thereafter, she and Zaheer approached the Lahore District and Sessions Court and filed a petition against Dua’s father and cousin.
Meanwhile, the police had also filed a petition in the court seeking to send Dua to Darul Aman. However, the magistrate denied requested and allowed the teenager “to go where she wanted”.
Dua’s parents, on the other hand, were adamant that their daughter was kidnapped and said that she was forced to give a statement.
The teenager’s father had also approached the SHC in May with a petition against Punjab Court’s order Kazmi had said in the petition that according to her educational, birth certificate and other records, Dua was 13 years old and it was illegal to marry a minor under the Sindh Child Marriage Restraint Act 2013.
He had demanded the court to conduct a medical examination of his daughter. In subsequent days, Karachi police repeatedly failed to produce the teenager in court the anger of the judges,
On 6th June, SHC ordered An ossuary to determine the age of Dua. He was also sent to a shelter home for some time after he refused to meet his parents.
Two days later, the court ruled that the teenager had the freedom to decide who she wanted to be with. During the hearing, the IO filed his report along with an age certificate issued by the Office of the Police Surgeon, stating that as per the opinion of the doctors and the Radiology Department of the Civil Hospital, the bone age of the alleged abductor was 16 to 16 years. was in between. 17 years old.
In its order, the bench observed that the petition had served its purpose as it was only to the extent of the whereabouts of the alleged minor/abductor.
Later, Kazmi challenged the decision in the Supreme Court, which had asked him to approach the respective forums for constitution of a medical board. Subsequently, a judicial magistrate in Karachi ordered the formation of another board to determine Dua’s age.
Medical board on 4th July concluded That Dua’s age was between 15 and 16 years. In the report, the medical board concluded that the general consensus was that Dua’s total age was between 15-16 years, closer to 15 based on physical examination and teeth.
In a dramatic turn, the police on 16 July informed A sessions court in Karachi said 24 people, including Zaheer, were found to be involved in abducting her from Karachi and transferring her to Punjab, where they carried out illegal child marriages.
After this, Dua approached the Lahore Court on 19 July. to request Darul Aman was to be sent citing “constant threats” from her parents, while also underlining that she was “not on good terms” with Zaheer. The court accepted his application and he was shifted to the shelter home.