Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr. Justice Tariq Parvez heard Constitution Petition No. 70 of 2007 and C.M.A.Nos.1244-1245 and 1380 of 2012 (Pakistan Hindu Council versus Pakistan through M/o Law, Justice and Parliamentary Affairs, Islamabad). After hearing the counsel for the petitioners and the respondents in the case, the bench passed the following order:-
“On the last date of hearing i.e. 26.03.2012, Mst. Rinkle Kumari and Dr. Lata, who after conversion to Islam are known as Mst. Faryal Bibi and Dr. Hifza, respectively, were produced before this Court and after observing certain proceedings, which have been incorporated in the said order, both the ladies were allowed to stay in PANAH Shelter House, Karachi, being maintained by Ms. Majida Rizvi, Former Judge of High Court of Sindh, with a view to provide them pressure free atmosphere and being adult also to decide about their future.
2. Today, both the aforesaid ladies have been produced in safe custody. They are sui juris and are fully in a position to decide about their future because we feel that meanwhile they had pressure free atmosphere, inasmuch as, neither of the parties was allowed to meet them.
3. Comdr. Shaukat, Sain Rakhio Mirani and Dr. Ameer Sheikh, DIGs, Karachi (South), Larkana and Sukkur, respectively, along with other police officials, are present in Court. DIG Karachi (South) and DIG, Sukkur are directed to take both these ladies in safe custody to the places of their own choice and wherever they want to stay, being sui-juris. They shall also be provided protection in terms of Article 9 of the Constitution of Islamic Republic of Pakistan, 1973, as it is the duty of the State to provide them protection.
4. Similarly, Ms. Aasha, who after conversion to Islam is known as Haleema Bibi. She belongs to District Jacobabad. She is also a sui juris and cannot be compelled to accompany someone against her wishes. In this view of the matter, Sain Rakhio Mirani, DIG Larkana, present in Court, is directed to take the said lady in safe custody to the place of her own choice because District Jacobabad also falls within Larkana Range. She will also be provided protection, as mentioned in the preceding paragraph.
5. The matter to the extent of abovementioned ladies stand disposed of. However, the main case is adjourned to a date in office after two weeks for filing of reply of the petition.
6. The police officers/officials, noted hereinabove, shall take the aforesaid ladies in the Registrar Office and in his presence willingness of the ladies qua the places of their own choice where they want to live shall be recorded and accordingly they shall be taken to that places. They are also directed to submit their reports to Registrar of this Court by tomorrow and thereafter they shall continue submitting the same fortnightly.”
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