IN THE HONOURABLE HIGH COUR TOF SINDH CIRCUIT

COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni (Previous Hindu Name Marvi)

D/o Shaukat Gurgalo
W/o Muhammad Qasim Zardari
Adult, Muslim, R/o Village Nazar Ali Zardari,
Taluka Shahdadpur,
District Sanghar. ...Applicant

VERSUS

1. Senior Superintendent of Police

District Sanghar

2. Mukhtiar Dero Station House Officer

P.S Lundo District Sanghar.Respondents

NAME OF DETENUE
Muhammad Qasim S/o Imam Bux
Muslim, Adult, R/o Village Nazar Ali Zardari,
Taluka Shahdadpur, District Sanghar.
at present wrongfully confined
At P.S Lundo District Sanghar.Detenue

APPLICATION UNDER SECTION 491 Cr.P.C.

That the applicant above named begs to submit as under:-

1. That the applicant is law abiding peace loving citizen

of Pakistan and residing at the above mentioned address,

having fundamental rights as guarantees in Constitution of

Pakistan 1973.

2. That the applicant previously Hindu by Caste

Gugalo, on 03-09-2016 the applicant embarrassed holy

religious Islam there on free will at the hands of Peer Tareequ-e-

Rehbar Shariat namely Muhammad Ayoub Jan Farooqui

Anjuman Gulshan-e-Mustafa Pakistan, Gulzar Khalil, Taluka

Samaro, District Umerkot.

(Photo Copy of Sanad is

Annexure A)

3. That on 03-09-2016 applicant contract marriage

with detenue Muhammad Qasim with own will and wish,

thereafter detenue Muhammad Qasim and applicant filed

Constitutional Petition of Islamic Republic of Pakistan 1973

before this Honourable Court.

(Photo Copy of Nikah Nama & Free-

Will is Annexure B & B-1)

4. That this Honourable Court admit petition and issue

notice to the all respondents including Station House Officer P.S

Lundo as a respondent No 2 in this Cr Misc Application and

clearly passed order by this Honourable Court in the favour of

petitioner/applicant, order sentence as. meanwhile no arrest

shall be made an FIR No 03/2016, Police Station Lundo,

District Sanghar.

(Photo Copy of Notice is

Annexure C)

5. That the respondent No 2 SHO P.S Lundo ignored

the order of this Honourable Court and forcibly entered in the

house of applicant in Civil Dress alongwith other Police Soldiers

they were also in Civil Dress with Government Weapons in the

odd night on dated 24-12-2016 at about 12:30 A.M without any

warrant, permission by this Honourable Court start beaten with

kick, fist and hit the butt of pistol upon the head of detenue
Muhammad Qasim and forcibly kidnapped the detenue and

runaway.

6. That on 25-12-2016 the applicant approached P.S

Lundo District Sanghar meet with respondent No 2 but the

respondent No 2 issued threats and abusing the applicant and

demanded Rs 100,000/- as a bribe, thereafter the detenue may

be released, after then applicant approached office of the

respondent No 1 for release the detenue but respondent No 1 is

not prepared to meet with applicant at any cost.

7. That the applicant show the Photo Copy of notice of

this Honourable Court in CP No D-2709/2016 which was filed

by the applicant alongwith her husband/detenue and made

request that Honourable High Court clearly give direction to you

meanwhile no arrest shall be made in Cr No 03/2016, but

respondent No 2 ignore order of this Honourable Court,

thereafter applicant give the name of ALMIGHTY ALLAH that

my husband/detenue may be released but respondent No 2 did

not released the detenue and did not show before any

competent court of law and threats to the applicant if she will

not arrange of Rs 100,000/- for release of the detenue otherwise

the detenue will be police encounter (full fry).

8. That the life of the detainee is under great danger at

the hands of respondent No. 2, if prompt action is not taken

against him.
9. That the detainee has every right to live and move

freely and to exercise their fundamental rights as provided

under the Constitution of Islamic Republic of Pakistan 1973.

10. That the detainee being citizen of Pakistan is entitled

to enjoy freedom of life, as provided by the state and is entitled

to be set at liberty in according with law.

11. That the detention of the detainee is illegal and

unlawful, without justification, improper and clear violation of

the fundamental rights and liberty. His life is in imminent

danger and there is serious apprehension that the detenue will

be murdered or involved in some false and fabricated cases.

12. That the applicant has taken hectic efforts to get

recover her husband /detenue, from the hands of respondent

NO 2 but all the efforts have been faded into dust and there is

no hope of the returned of detainee without proper hearing of

this application in this Honourable Court.

13. That under such compelling circumstances the

applicant has no other efficacious and alternate remedy left but

to knock the door of Honourable High Court by filling the

present application.

14. That prior to this no any other application has been

filed before court of law.

That the applicant therefore prayed as under:-

 PRAYER

a) That this Honourable Court may be pleased to

issue rule NISI and passed direction to the

respondent No 2, released the detenue and

produce him before this Honourable Court and

he may be set at liberty in accordance with

law.

b) Any other relief which this Honourable Court

deem fit and proper the also awarded to the

applicant.

Hyderabad.
Dated: -12-2016 APPLICANT

ADVOCATE
FOR APPLICANT
 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni...Applicant

VERSUS

SSP Sanghar & others .......Respondents

AFFIDAVIT
I, Mst Sohni W/o Muhammad Qasim Zardari Adult,
Muslim, R/o Village Nazar Ali Zardari, Taluka Shahdadpur, District
Sanghar do hereby state on oath as under:-

1. That I am Applicant in the above matter and well

conversant with the facts of the matter.

2. That accompanying Application U/S: 491 Cr.P.C. has

drafted and being moved under my instruction, contents thereof are
correct and may kindly be read and treaded as part and parcel of this
affidavit for the sake of brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -12-2016 DEPONENT
The deponent is identified by me.

ADVOCATE
Solemnly affirmed on oath before me on this ____ day of
December 2016, by the deponent above named, who has been
identified by Mr. Shehzada Ali Nawaz Chandio Advocate, who is
personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and audibly

read over and explained to the deponent above named and he seems
to have fully understood the same and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni...Applicant

VERSUS

SSP Sanghar & others .......Respondents

APPLICATION UNDER RULE IX CHAPTER III-B

VOLUME V OF HIGH COURT RULES AND
ORDERS.

It is prayed on behalf of above named applicant that

this Honourable Court may be pleased to treat this matter as

urgent motion and entertain and fix same on _________________

as any delay in hearing will cause irreparable loss to the

applicant.

This prayer is the made in the interest of justice.

Hyderabad.
Dated -12-2016 ADVOCATE
FOR APPLICANT.
 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni...Applicant

VERSUS

SSP Sanghar & others .......Respondents

AFFIDAVIT
I, Mst Sohni W/o Muhammad Qasim Zardari Adult,
Muslim, R/o Village Nazar Ali Zardari, Taluka Shahdadpur, District
Sanghar do hereby state on oath as under:-

1. That I am Applicant in the above matter and well

conversant with the facts of the matter.

2. That accompanying Application for Urgency has drafted

and being moved under my instruction, contents thereof are correct
and may kindly be read and treaded as part and parcel of this
affidavit for the sake of brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -12-2016 DEPONENT
The deponent is identified by me.

ADVOCATE
Solemnly affirmed on oath before me on this ____ day of
December 2016, by the deponent above named, who has been
identified by Mr. Shehzada Ali Nawaz Chandio Advocate, who is
personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and audibly

read over and explained to the deponent above named and he seems
to have fully understood the same and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni....Applicant

VERSUS

SSP Sanghar & others .......Respondents

APPLICATION FOR EXEMPTION.

It is prayed on behalf of above named Applicant

that this Honourable Court may be pleased to exempt the

Applicant from filling True Translation/Certified True Copy

of all annexure.

This prayer is the made in the interest of justice.

Hyderabad.
Dated -12-2016 ADVOCATE
FOR APPLICANT.
 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni...Applicant

VERSUS

SSP Sanghar & others .......Respondents

AFFIDAVIT
I, Mst Sohni W/o Muhammad Qasim Zardari Adult,
Muslim, R/o Village Nazar Ali Zardari, Taluka Shahdadpur, District
Sanghar do hereby state on oath as under:-

1. That I am Applicant in the above matter and well

conversant with the facts of the matter.

2. That accompanying Application for Exemption has

drafted and being moved under my instruction, contents thereof are
correct and may kindly be read and treaded as part and parcel of this
affidavit for the sake of brevity.

3. That whatever stated above is true and correct to the

best of my knowledge and belief.

Hyderabad.
Dated: -12-2016 DEPONENT
The deponent is identified by me.

ADVOCATE
Solemnly affirmed on oath before me on this ____ day of
December 2016, by the deponent above named, who has been
identified by Mr. Shehzada Ali Nawaz Chandio Advocate, who is
personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT.

The contents of the affidavit were first truly and audibly

read over and explained to the deponent above named and he seems
to have fully understood the same and signed in my presence.

COMMISSIONER FOR TAKING AFFIDAVIT.

 IN THE HONOURABLE HIGH COUR TOF SINDH
CIRCUIT COURT HYDERABAD

Cr Misc Application No of 2016

Mst Sohni...Applicant

VERSUS

SSP Sanghar & others .......Respondents

INDEX

SR.
PARTICULARS ANNEX: PAGE
NO.
Memo of Application
01. alongwith Supporting
Affidavit

02. Photo Copy of Sanad

Photo Copy of Nikah Nama &

03.
Free-Will

04. Photo Copy of Notice

Exemption Application
05.
alongwith affidavit

05. Urgent Application along

with affidavit.

06. Vakalatnama.

Hyderabad.
Dated -12-2016 ADVOCATE
FOR APPLICANT