IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2002

1. Mst. Shagufta Parveen (Shagufta Bibi) W/o Muhammad

Saeed, caste Sheikh,
2. Muhammad Saeed S/o Abdul Hameed Jigar, caste Malik,
Both residents of Mujahid Road, Usman Abad, Multan.
……PETITIONERS
VERSUS
1. S.S.P. Multan.
2. D.S.P./S.D.P.O Cantonment Circle, Multan Cantt.
3. Muhammad Aslam S/o Wadawa
4. Khurshid Bibi W/o Muhammad Aslam
Respondents No. 3 & 4 Sheikh by caste, R/o Fazal Karim
Town, Tehsil & District Multan.
……RESPONDENTS

Writ Petition under

Article 199 of the
Constitution of Islamic
Republic of Pakistan,
1973, with all other
enabling provisions.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the petitioners were tied in a marriage bond on 3.2.2002,

being Muslims, according to Shariat-e-Muhammadi, with their
free consent and liking of each other, but without the consent of
both the families. The petitioners were living peacefully and
 passing their matrimonial life, smoothly when the family of
petitioner No. 1 interfered by posing that there is no annoyance in
their minds due to marriage of the petitioners inter-se and to
eliminate the element of tension between families they want to
acknowledge the marriage. Under this pretext, the petitioner No.
1 was taken away from the house of the petitioner No. 2. Copy of
Nikah Nama is Annex “A”.

3. That misfortune of both the petitioners came forward, when a suit

for “HAQ-UL-MEHER” was filed by the petitioner No. 1 against
the petitioner No. 2 under the undue influence, pressure and
coercion of the family of the petitioner No. 1, in the court of Mr.
Muhammad Waseem Anjum, the learned Judge Family Court,
Multan. The petitioner No. 2 appeared in the court and filed a
compromise signed by both the petitioners and the matter was
patched up. Copies of suit, compromise deed and proceedings of
court are Annexes “B, B/1 & B/2”.

4. That after the finalization Family Court proceedings, both the

petitioners again joined their matrimonial life, when, the police
officials of Police Stations Gulgasht and Qutab Pur with the
family members of petitioner No. 1 started visiting the house of
the petitioners in the absence of petitioner No. 2 to pressurise the
petitioner No. 1 for getting divorce from petitioner No. 2. As
soon as, the matter came to the knowledge of the petitioner No. 2,
a writ petition bearing No. 2354/2002 was filed before this
Hon’ble Court, by the petitioner No. 1 against the police and the
father of the petitioner No. 1. This constitutional petition was
disposed off by His Lordship Mr. Justice Muhammad Farrukh
Mehmood, J, with the direction to the police functionaries not to
interfere in the matrimonial life of the petitioners. Copies of
constitutional petition and order dated 1.4.2002 are available as
Annexes “C & C/1”.

5. That, again both the petitioners were summoned by the

respondent No. 2. Then it came to the knowledge of petitioners
that under the false and concocted story, the mother of the
 petitioner No. 1 (because the father was a party in the petition
filed by the petitioner No. 1) filed a writ petition No.
2201/Reg/2002 before this Hon’ble Court. This constitutional
petition was disposed off again by His Lordship Mr. Justice
Muhammad Farrukh Mahmood, J, with a direction to S.S.P.
Multan to place this petition before the Police Complaint
Authority for probe & action. Copies of petition and order are
attached as Annexes “D & D/1.

6. That due to this atmosphere of fear and terror, the petitioners

tried to submit their statements in writing, but the same were not
accepted by the respondent No. 2. The petitioner No. 2 is
insisting upon the joining of investigation, but not ready to
provide proper safety and protection to the petitioners. At present,
the petitioner No. 1 is seven weeks pregnant and petitioners are
expecting every type of damage or loss from respondent No. 2 to
the unborn child. The copies of statements and medical reports
are attached as Annexes “E & E/1, F & F/1”.

7. That the petitioners are not in view of a fair and impartial inquiry
from the respondent No. 2 because the respondent No. 2 is using
the procedure of inquiry as a tool of causing harassment and
humiliation to the petitioners. On the other hand, the respondent
No. 1 has committed the contempt, because instead of placing the
copy of petition No. 2201/Reg/ 2002 before the police
complaint authority. The said petitioner is placed before the
respondent No. 2 only.

8. That further proceedings in shape of inquiry in this case shall be

a futile exercise because the star-witness of this case is not going
to corroborate the version of the prosecution.

9. That the version of the respondent No. 4 in writ petition No.

2201/Reg/2002 is proved false and fabricated on the face of it,
where the occurrence of so-called abduction is stated on a
midnight of 4/5.4.2002, while on the other hand, the petitioners
 are living as husband and wife since the date of Nikah i.e.
3.2.2002.

10.That under articles 2-A, 4, 14 and 35 of the Constitution of

Islamic Republic of Pakistan, the petitioners are guaranteed their
rights and the respondents No. 1 & 2 have no authority to cause
any type of discrimination.

11.That the petitioners are left with no other efficacious, speedy and
adequate remedy for the redressal of their grievance except to
invoke the extra-ordinary constitutional jurisdiction of this
Hon’ble Court.

Keeping in view the above-mentioned

circumstances, it is respectfully prayed that: -
i) the order dated may please be recalled
in the interest of justice.
ii) the respondents No. 1 & 2 may please be directed
to protect the persons and property of the
petitioners.
iii) the respondents should be directed not to cause
any type of harassment and humiliation to the
petitioners.
Any other writ, order, direction or relief which
this Hon’ble court deems fit, may please be extended in
the favour of petitioners to meet the ends of justice.

HUMBLE PETITIONERS,
Dated: ___________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176
CERTIFICATE: -
Certified as per instructions of the client,
this is the first petition on the subject matter.
No such petition has earlier been filed
before this Hon’ble Court.
Advocate
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2002

Mst. Shagufta Parveen etc. Vs. S.S.P. etc.

AFFIDAVIT of: -
Mst. Shagufta Parveen (Shagufta Bibi) W/o
Muhammad Saeed, caste Sheikh, R/o Mujahid Road,
Usman Abad, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned petition are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2002, that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2002

In
W.P. No. ______________/2002

Mst. Shagufta Parveen etc. Vs. S.S.P. etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth: -
That certified copies of Annexes “___________” are
not available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copies
of documents.
APPLLICANTS,

Dated: __________

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2002

In
W.P. No. _____________/2002

Mst. Shagufta Parveen etc. Vs. S.S.P. etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Mst. Shagufta Parveen (Shagufta Bibi) W/o
Muhammad Saeed, caste Sheikh, R/o Mujahid Road,
Usman Abad, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of May 2002, that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.
DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No. ______________/2002

Mst. Shagufta Parveen etc. Vs. S.S.P. etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper.
3 Writ Petition.
4 Affidavit.
5 Copy of Nikah Nama. A
6 Copies of suit, compromise deed, B, B/1 &
proceeding of court. B/2
7 Copies of writ petition & order dated C & C/1
1.4.2002.
8 Copy of petition & order. D & D/1
9 Copies of statements & medical E, E/1, F, F/1
reports.
10 Dispensation Application.
11 Affidavit.
12 Vakalatnama.
PETITIONERS
Dated: ____________

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176