The Sindh High Court (SHC) on Thursday ruled that Dua Zehra — a Karachi girl who was reported kidnapped in April and later discovered to have purportedly ‘eloped’ in Punjab — could not be permitted to be on her own in Lahore till the case was disposed of.
The court also ruled that police were empowered to move Dua from Lahore to Karachi to attend proceedings at trial court.
Earlier this week, Dua had approached a Lahore court requesting to be sent to Darul Aman, citing “constant threats” from her parents while also underlining that she was “not on good terms” with Zaheer Ahmed, the person said to have contracted a marriage with her.
Hearing a petition filed by Dua’s father on Thursday, Mehdi Ali Kazmi, the SHC noted that the petitioner had urged the court to shift the girl to any shelter home in Karachi, where the case was pending investigation.
The written verdict noted that the investigating officer (IO) in the case had stated that efforts for Dua’s recovery and shifting her from Lahore to Karachi were already afoot and “as soon as necessary permission is granted, he shall proceed to Lahore to seek custody of the abductee and produce her before the court seized … and/or lodge her in Darul Aman, Karachi […].”
It noted that it was clear that Dua was “no more on good terms” with her purported husband and did not want to live with him.
“Further, she has no place in Lahore to take shelter in for the time being and decide about [the] future,” it said.
The verdict added that it was obvious she was “ostensibly afraid of parents” and also not interested in residing with them.
“In any case, her living in Lahore does not seem to be in her benefit from any angle either, particularly after her separation from her husband and is likely to cause hindrance in smooth proceedings of the case,” it said.
It noted that Dua’s parents, her natural guardians, the case and the trial court were all located in Karachi.
“She is still a minor and a main witness in the case [and] is required to participate in its proceedings. Hence, she cannot be permitted to be on her own in Lahore till she attains majority and the case is finally disposed of.
“In such facts and circumstances, there appears to be no legal or otherwise impediment for this court in approving, and/or stopping the IO from performing his official duty and to seek, shifting of her custody from Darul Aman Lahore and her production before the trial court for the purpose of disposal or otherwise of the case and her lodgment in Panah Shelter Home, Darul Aman, Karachi or Shelter Home for Destitute and Orphan Children Sindh Karachi, as the case may be, to be decided by the court seized with the matter at the time of her production before it,” the order stated.
Earlier today, the lawyer for Dua’s parents, social activist Jibran Nasir, had said that the Sindh attorney general and the prosecutor general have supported the family’s stance that the girl should be brought to Karachi so they could provide for her well-being.
