ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No.S- 369 of 2023.  

Date of hearing                                Order with signature of Judge.

1. For orders on office objection, as flag ‘A’.

2. For hearing of  main case.

16.11.2023.

Mr. Razi Khan Nabi Bux R. Chandio, Advocate along with the applicant.

Mr. Ali Anwar Kandhro, Addl. P.G a/w DSP Noor Mohammad Sohryani, Nasirabad, SIP Ghulam Nabi, SIP Zulfiqar Ali Mugheri on behalf of SSP Kamber and ASI Sabir Hussain Massan.  

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            Comments/statements and compliance reports filed by the official respondents are taken on record. Mr.Ajmair Ali  Bhutto advocate files vakalatnama on behalf of respondent No.3 Abdul Sallam, alleged husband of Baby Tania, along with copy of order dated 14.7.2023 and nikahnama duly administered  by Nikah-khuwan Hafiz Dhani Bux Kalhoro, taken on record.

2.         Pursuant to process issued to the respondents, police officers present have produced alleged detainee baby Tania. From her general appearance she seems to be an underage girl. The applicant has also filed copy of Form “B” of baby Tania issued by NADRA vide Registration No.43403-0682240-8, showing her date of birth as 01.01.2010, meaning thereby she is only 13 years of age.

3.         In view of above, the Medical Superintendent, Chandka Medical College Hospital, Larkana is directed to constitute a medical board for determining the actual age of baby Tania. SHO PS Nasirabad shall produce baby Tania before the medical board on the date, which shall be conveyed to him by the Medical Superintendent, CMCH, Larkana. At the same time, SSP Kamber-Shahdadkot is directed that if baby Tania is declared to be underage by the medical board, in that even a criminal case/FIR shall be registered in terms of Child Marriage Restraint Act 2022, against her alleged husband Abdul Sallam, Nikah-khuwan Hafiz Dhani Bux as well as witnesses of such Nikah shown in the Nikahnama. This exercise shall be carried out within two weeks’ time. SHO P.S Nasirabad is directed to produce Nikah-khuwan Hafiz Dhani Bux Kalhoro and witnesses of Nikahnama before the Court on the next date. 

4.         The applicant/mother of alleged detainee baby Tania has alleged that respondent No.4 ASI Sabir Hussain Massan had extorted Rs.500,000/= for recovery and return of baby Tania as well as for registration of her FIR against the person involved in abduction of baby Tania and she paid such amount to said ASI after selling her dwelling house, but he failed to do so. SSP Kamber-Shahdadkot at Kamber is directed to ensure conduct of discreet enquiry into the allegations through a senior police officer not below the rank of DSP and in case ASI Sabir Hussain Massan is found guilty, then stern departmental action be taken against him under intimation to this Court. 

5.         To come up on 07.12.2023, to be taken up at 10.00 a.m. Baby Tania shall remain present before the Court on the next date of hearing. A copy of order shall be sent by fax to Medical Superintendent, CMCH, Larkana as well as SSP Kamber-Shahdadkot, for compliance. 

JUDGE 

Shabir