SHC stays proceedings in Hudood case
HYDERABAD, May 18 2006: The Sindh High Court, Hyderabad circuit, here on May 17 stayed proceedings in a Hudood ordinance case against a couple and issued notices to Additional Advocate-General, Civil Judge and Judicial Magistrate Tando Bago and the complainant. The order was passed by a division bench comprising Justices Anwar Zaheer Jamali and Justice Yasmin Abbasey on a constitutional petition, filed by Mohammad Chawro and his wife Fatima, who were represented by Basharat Ahmed Jatt, advocate.
The petitioners said that their marriage had taken place on December 1, 2001 and they had two children but Fatima’s father, Khamiso was annoyed over the marriage. Khamiso was pressurising him to pay a certain amount of money to him and when he finally refused, he lodged a false FIR against Mohammad Chawro and his brothers and other relatives on March 12, 2004 under section 11/16 of Zina Hudood Ordinance, 1979, read with section 380 PPC.
He said that police had recorded the statement his wife on April 7,2004 under section 164 Cr.PC in which she denied allegations and said that she was his wife. He said that police submitted report before the judicial magistrate, seeking cancellation of case but the magistrate disagreed with the police report and asked police to submit challan of the case.
He said that on July 16, 2004 he had filed a constitutional petition before high court, Hyderabad circuit bench, challenging the magistrate’s order dated April 24, 2006. He said that police submitted challan of the case against eight accused including the petitioners and now it was pending trial before sessions judge, Badin. He said that they did not commit any offence and were legally wedded couple.