ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Constt. Petition No. D- 1412 of 2016.

Date of hearing

Order with signature of Judge

12.01.2017.

1.         For orders on office objections.

2.         For Katcha Peshi.

            Mr. Muhammad Ali Pirzado, Advocate for petitioner.

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            The petitioner was handed over to the Incharge Darul Aman, Larkana, by the orders of Civil Judge and Judicial Magistrate-I, Warah on the freewill of the petitioner. Subsequently, Incharge Darul Aman on 24.11.2016 filed an application before the same Court of Civil Judge and Judicial Magistrate-I, Warah informing the learned Judge that the petitioner wishes to record fresh consent, to be allowed to go with her father. The Magistrate has taken cognizance of the said application and for recording fresh statement of petitioner, the Incharge Darul Aman was directed to produce her on 01.12.2016; however she was not produced before the Magistrate on 01.12.2016 and on 08.12.2016 petitioner sent an application to the learned Magistrate informing him that she is not feeling well and therefore, she cannot record her statement. On that application dated 08.12.2016 the learned Magistrate passed judicial order allowing her application for extension of time for recording of statement and directed her to appear before Magistrate on 15.12.2016. However, counsel for the petitioner has suppressed the fact that what happened before the Magistrate on 15.12.2016. Nor it is clear that what ultimately transpired on the application filed by the petitioner before the Magistrate through the authorities of Darul Aman.

            Besides, the above facts, the petition has not been filed by the Incharge Darul Aman, nor any affidavit of Incharge Darul Aman is annexed to this petition. It is indeed very fortunate to note that, neither the petitioner has signed the petition nor sworn any affidavit in support of whatever sated in this petition. It means even the petitioner is not aware of the contents of this petition. The petition is also liable to be dismissed on this score alone. 

            The petitioner’s custody has been regulated by a judicial order, which can only be changed and modified by the same Court. As for as routine ground of fear of murder is concerned, it is un-called for since the petitioner is already in custody and care of the State and the Incharge Darul Aman can ensure her safe production before the Magistrate under the protection of police without any intervention of anybody else.

            The Incharge Darul Aman, Larkana, is directed to submit record of the proceedings initiated on application dated 24.11.2016 filed by him before the Civil Judge and Judicial Magistrate-I, Warah through Additional Registrar of this Court for perusal in chamber on or before 20.01.2017.

            Copy of this order be sent to the Incharge Darul Aman, Larkana for compliance.

                                                                                      JUDGE

                                                          JUDGE