Shift Dua to shelter her home in Karachi: SHC

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CARACHI:

The Sindh High Court (SHC) allowed the investigator to move Dua Zehra to a safe haven in Karachi.

The court observed, it is noticed that Dua Zehra is unhappy with her husband and does not want to live with him. She is also afraid of her parents, so it is appropriate that she stay in a foster home, observed the court and reserved her verdict after hearing the arguments of the father of Dua Mehdi Kazmi and the lawyer of the accused.

The court said there was no legal impediment to moving Dua Zehra to Karachi. The case is pending in the Karachi Magistrate’s Court. As Dua Zehra is the main character in the case, her presence in Karachi is essential. The Magistrate Court will make the final decision regarding the alleged kidnapping of Dua Zehra.

Earlier, a two-member bench headed by Judge Mohammad Iqbal Kalhoro heard Mehdi Kazmi’s motion for his daughter’s reinstatement. Zaheer was brought to court in protective custody.

Counsel for the Petitioner indicated that he wished to withdraw the Petition. He said he wanted to refer to the relevant forums. Dua Zehra asked the court to separate from her husband. Dua Zehra said she was afraid of her parents. Judge Muhammad Iqbal Kalhoro noted that Dua Zehra went alone to Darul Aman.

The applicant’s lawyer maintained that the magistrate had sent Dua Zehra to Darul Aman. The investigator submitted a progress report.

Amir Niaz’s lawyer said, “I am Zaheer’s lawyer.” The court asked who was the new investigator? Judge Kalhoro pointed out that we need to hear from the investigator. DSP Shaukat Shahani said he was the former investigator.

Judge Kalhoro remarked that there would be no death threats against the girl, even in Karachi. The court said security arrangements would also have to be made in the foster home.

The court said that if the case is registered in Karachi, the girl should also be brought to Karachi. The girl’s parents also live in Karachi.

The Interior Ministry also wrote a letter. If the crime was committed in Karachi, the case will also be heard in Karachi. The court asked defendant Zaheer’s lawyer: “Does he want the girl not to be transferred to Karachi?” The lawyer said the girl could not be transferred to Karachi. If the girl does not want to meet anyone, no one can meet her even if the court gives an order.

Zaheer’s attorney said that petition has become moot. So it should be rejected.

Lawyer Amir Niaz said: Dua said she felt threatened by her parents.

The court noted that the investigator should complete the investigation. Judge Kalhoro remarked that the court thinks that “Dua is a minor”.

The court asked the government lawyer what was the position of the Sindh government regarding this matter. The federal government representative said that Dua Zehra should be brought to Karachi under the protection of the government.

The additional general counsel also supported Dua’s arrival in Karachi. The federal and provincial governments supported Dua Zehra’s arrival in Karachi.

After the hearing, Mehdi Kazmi’s lawyer spoke to the media and said the habeas corpus petition had been filed. He said the facts were different then and now. The girl also reportedly said she had separated from her husband. The girl also said she had no guardian as she felt her life was threatened by her parents.

Mehdi Kazmi’s lawyer said the Sindh government also wrote a letter to the Punjab government to transfer the girl to Karachi.

Meanwhile, the Eastern Supplementary District Court and Sessions Judge granted bail to defendants Zaheer and Shabbir in the alleged Dua Zehra kidnapping case.

Published in The Express Tribune, July 22n/a2022.

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