SHC orders recovery of children who went missing from Landhi, Sherpao Colony

The Sindh High Court (SHC) has directed the provincial child protection authority to ensure the recovery of children who went missing from different parts of the city.

The direction came on two identical petitions seeking the recovery of a girl and a boy who disappeared from Landhi and Sherpao Colony areas respectively.

A petitioner, Abdul Haleem, submitted that his daughter had been missing since April 7, 2011, and there was no clue of her whereabouts.

The other petitioner, Shakeel Ahmed, sought recovery of his 12-year-old son Mohammad Talha who had been missing since January 24, 2024, from Sherpao Colony.

The high court directed the investigation officers to appear before the court along with progress reports and directed the child protection authority to ensure the missing children’s

recovery.

In another petitions with regard to disappearance of citizens, the SHC directed the police to register cases against persons who were seen whisking the missing persons away in footage recorded by close-circuit cameras.

A petitioner submitted that missing persons Naqeebullah and Abdul Shakoor were apprehended by armed persons as per camera footage in the Malir area but no action had been taken against those persons.

The SHC directed the police to register a case against the persons who were seen in the CCTV footage. The bench directed the investigation officer to submit a progress report on the next date of hearing.

Freewill marriage

The SHC has observed that adults have the right to marry whomever they choose regardless of caste or religion.

Issuing order on freewill marriage case, SHC’s division bench comprising Justice Salahuddin Panhwar and Justice Adnan-ul-Karim Memon observed that parents may disapprove of freewill marriage of their children but they could not resort to threats or violence to the couple and the police authorities must protect such couples and prosecute those who harassed or threatened them.

Petitioners Sara and Sajjad Ali, who had contracted freewill marriage, had approached the high court seeking a direction for police officials to not cause harassment to them at the behest of private respondents and also sought quashment of a criminal case against Ali and his family members registered at the Jhoke Sharif police station of Thatta.

A respondent in the case submitted that Sara was underage and unable to contract marriage with Ali in terms of the Sindh Child Marriages Restraint Act 2013.

The petitioner, Sara, however claimed that she was an adult and neither had she been abducted by anyone nor was she coerced by her spouse with whom she had contracted a valid marriage.

The high court turned down the respondent’s request for conduct of ossification test of the girl and observed that on the premise that the Dissolution of Muslim Marriages Act of 1939 recognised the age

of 16 as the legal age for marriage.

The high court observed that a competent court of law was required to see the validity of the marriage carefully, considering the family's honour and if the information was found to be false, the family should not be unnecessarily harmed. The bench observed that girl had made a statement before the court therefore no further action was required against the couple, and they should be protected, for the simple reason that the adults had the right to marry whomever they chose, regardless of caste or religion.

The SHC observed that a police official would submit a summary report to the magistrate concerned who would decide the case based on the petitioner's statement and the police should protect the couple if they sought help. The court also directed the private respondents to furnish an indemnity bond of Rs500,000 each before the Nazir of

the court.