KARACHI: While the parents of Dua Zehra finally met her after she allegedly went missing in April, the Sindh High Court (SHC) on Wednesday said that the girl was at liberty to decide whom she was intending to reside or go along with.

The parents insisted that their daughter was under 14 years of age while the SHC said that it cannot determine factual dispute about age as it may affect and prejudice the interest of any of the parties, but the aggrieved parties may approach the trial court to contest and agitate the matter.

The two-judge bench comprising Justice Muhammad Junaid Ghaffar and Justice Amjad Ali Sahito directed the investigating officer to file the investigation report before the trial court along with the age certificate and statement of the girl recorded by the SHC and asked the trial court to proceed in accordance with law.

When the bench took up the matter for hearing on Wednesday, the IO, in light of the last order, filed his report along with age certificate issued by the office of police surgeon which stated that as per the opinion of doctors and the Civil Hospital’s department of radiology, the bone age of the alleged abductee was between 16 and 17 years.

Girl meets parents, bench says question of her age to be decided by trial court

Apparently, the bench in its order said that this petition has served its purpose as it was only to the extent of the whereabouts of the alleged minor/abductee, who has already been produced and deposed that she was not abducted, but has entered into a marriage contract with Zaheer Ahmed.

It also heard the petitioner along with his counsel as they contended that Dua, who had gone missing from her Karachi home in April and later surfaced in Punjab, was a minor and under 14 years of age by placing reliance on supporting documents filed along with this petition.

While referring to the rulings of the apex court and Federal Shariat Court, the bench observed that in its constitutional jurisdiction under Article 199 of the Constitution, the high court cannot determine such factual disputes as it may affect and prejudice the interest of any of the parties.

“Hence, we must not determine the veracity of the allegation(s) and must not dilate upon the same any further. For that, the aggrieved parties, if any, are always at liberty to contest and agitate the same before the competent Court seized with the matter / FIR already lodged by the petitioner”, it added.

The bench also directed the IO to file his report before the trial court and if he has already filed any such report, then he may file a supplementary challan along with the age certificate and the statement of the girl whereafter the trial court seized with the matter shall proceed in accordance with the law.

Regarding the production of the girl before the Lahore High Court as a provincial law officer said a writ petition is also pending before the LHC, the bench said that Sindh police was at liberty to produce her, if so required, and it — after production and statement of the alleged abductee — was not inclined to issue any further directions to that effect.

“Accordingly, this Petition stands disposed of, whereas, the alleged abductee / minor Dua E Zahra Kazmi, pursuant to her statement on Oath and Age Certificate is set at liberty to decide as to with whom she intends to reside and go along”, it concluded.

The parents of Dua attended the proceedings and also met her in the chamber of judges and thereafter, the petitioner along with his lawyer contended before the bench that Dua has expressed her desire to go with her parents and requested the bench to review its decision and record the statement again.

The bench expressed displeasure with the petitioner and his lawyer said that the girl has already recorded her statement on oath.

After the hearing, Dua was taken away from the SHC premises in police protection while emotional scenes were witnessed at the court as her mother broke into tears and fell on the floor and her father appealed to the federal authorities for justice.

Mehdi Ali Kazmi had approached the SHC and submitted that his daughter went missing from their house in Malir on April 16 and said that she was 13 and under the Sindh Child Marriage Restraint Act 2013 it was illegal to marry a minor.

The petitioner further said that he came to know through social media that her daughter had allegedly contracted marriage with Zaheer Ahmed, a resident of Lahore.

He pleaded to declare the alleged marriage illegal and sought directives for respondents to locate the whereabouts of the girl, recover her and hand the custody to her parents.

Wajih Ahmad Sheikh adds from Lahore: The Lahore High Court registrar’s office on Wednesday placed an objection on a petition filed by Dua Zehra’s father, seeking the dismissal of a petition filed by the ‘in-laws’ of the girl alleging harassment at the hands of the police.

The office directed the petitioner’s counsel to furnish a copy of the orders passed in the case by the Sindh High Court.

At the last hearing of the plea against alleged police harassment, Justice Tariq Saleem Sheikh had directed police to produce the girl and her husband within a week.

The date of the hearing would be fixed by the registrar office.

Published in Dawn, June 9th, 2022