Mehdi Kazmi, father of Dua Zehra, who went missing from Karachi, has filed an appeal in the Supreme Court against the decision of Sindh High...
Mehdi Kazmi, father of Dua Zehra, who went missing from Karachi, has filed an appeal in the Supreme Court against the decision of Sindh High Court.
Dua Zahra father has questioned the decision of the Sindh High Court in the petition and has taken a stand that the report of Dua Zahra medical examination was not prepared by the Medical Board.
Mehdi Kazmi, father of Dua Zehra, who went missing from Karachi, has filed an appeal in the Supreme Court against the decision of Sindh High Court.
Dua Zahra's father has questioned the decision of the Sindh High Court in the petition and has taken a stand that the report of Dua Zahra medical examination was not prepared by the Medical Board.
Mehdi Kazmi has raised the following questions in his appeal:
The petition said that under Section 491 of the Pakistan Penal Code and Article 199 of the Constitution, can a court allow a minor to decide freely using its jurisdiction?
The medical board did not prepare the report of the ossification test to assess the age, isn't this a violation of the law?
Read more: Dua Zahra case: Court orders removal of IG Sindh
Isn't it a violation of the law to link real controversy to the issue of age using Article 199 of the Constitution?
Did the court provide the alleged abductee with an independent environment free from the influence of the alleged abductor before recording the statement?
Has the esteemed court violated the law in the order relying on the statement of the alleged minor abductee?
Why did the court give preference to medical evidence on the basis of test when there was documentary evidence?
Was it right to use the special jurisdiction of the Family Court to decide on the question of age and to give the final custody and custody of the alleged minor abductee to the abductor?
Read more: Police's request for medical examination of Dua Zahra rejected
Has the Hon'ble High Court failed to consider the restraining order that, as a matter of course, before granting the alleged abductee to the abductors, under Section 491 CRPC, either his natural guardians ie his parents Or a state-run shelter home?
Is the age dispute settled by a competent judicial forum?
The petitioner said that the Sindh High Court had on June 8, 2022 ordered Dua Zahra to decide on her own accord.
He said that in the medical report, the age of Dua Zahra has been stated as 17 years.
He said that the police had submitted the challan of the case in the trial court in C class, the decision of Sindh High Court was flawed.
Read more: Notice to the parties at the request of the father for the recovery of Dua Zahra
The petitioner also requested for an urgent hearing after which the petition hearing is likely to be held next week.
It may be recalled that Dua Zahra, who went missing from Karachi in March this year, was recovered from Bahawalnagar, Punjab earlier this month.
During the hearing of the petition filed by Dua Zahra's mother on May 30, the court had removed IG Sindh from the post and ordered the Establishment Division to appoint another officer.
The court had remarked that the police of the province has become so incompetent, the court has been issuing orders for 21 days but the girl has not been rescued.
However, on June 17, the Sindh High Court disposed of the case after Dua Zahra gave an affidavit regarding her abduction, allowing her to decide on her own whether to stay with her husband or go with her parents.
In a three-page decision, the court ruled that kidnapping was not a case in the light of all the evidence.
In a written order, the Sindh High Court had allowed Dua Zahra to decide on her own.
In the order, the court had said that in the light of the affidavit, the court has come to the conclusion that Dua Zahra can go if she wants to stay with her husband or go with her parents, she is completely free in her decision. ۔
The court in its order directed the investigating officer of the case to submit a supplementary challan of the case as well as to produce a medical certificate regarding age determination and a statement recorded in the Sindh High Court.
The court had also said that it was the discretion of the Sindh government to present Dua Zehra in the Lahore High Court. The trial court should continue proceedings as per law.
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