PESHAWAR, Feb 7: The Peshawar High Court on Wednesday dismissed a petition filed against kidnapping of a university student when the tribal administration of the Mohmand Agency informed the court that the girl had married a person of her own free will.
A two-member bench comprising Chief Justice Tariq Pervez Khan and Saleem Khan recorded the statement of Ekka Ghund (Mohmand Agency) Assistant Political Agent Amjid Ali who claimed that the girl was not abducted, but had left her residence with her free will.
The high court had last month directed the APA to record the statement of the girl, Ms Khalida, as conflicting claims were made about her alleged kidnapping.
Wasil Khan, brother of the girl, disputed the claim of the administration and stated that she was kidnapped in the jurisdiction of Lund Khwar police station in Mardan.
The chief justice had taken a suo motu notice of the issue after receiving an application from Mr Khan and had converted his application into a petition.
The APA stated that he had sent a tehsildar and khasadar to the residence of the alleged kidnapper where they recorded the girl’s statement. He added that he was fully convinced that she accompanied the alleged kidnappers without any duress.
The APA also produced some snap shots of the girl made while she was signing the Nikahnama.
The chief justice observed that though the high court had no jurisdiction in tribal areas, they summoned the APA to ascertain the truth on humanitarian grounds. It was observed that after the inquiry conducted by the administration the bench had no other option but to dismiss the petition.
The applicant had claimed that his sister was a university student and they were residents of Motae Banda in Lund Khwar (Mardan). He said he was returning home with his sister on Oct 19, 2006, from the university when the accused attacked them in Lund Khwar and forcibly took away his sister. An FIR was lodged with the Lund Khwar police station.
Wasil Khan had charged Naqab Shah, Aslam Khan and Zor Talab, sons of Gula Khan, and Pervez, all of them stated to be his distant relatives and residents of same area.
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