Case Study of Victim Shaista Almani

Miss. Shaista Almani D/O Himat Ali Almani married with her own free will and consent with Qadir Bakash alias Balak Sher Mahar. Both of them are educated and are well known with the Law of the land and the Islamic Law and there is no restriction in Islam that a man of different tribe can only marry with the women of different tribe. It is admitted fact that girl father is Almani by caste and her mother is Mangi by caste. Both the families of the couple are educated families only the complications have been created by the non-educated family members. It is well settled Law of Islam that daughters should be married as early as possible when they come to the age of puberty.

Tribe of the Shaista Almani did not approve the marriage and the said people went behind and traces couple in Karachi and tried to bring back to the Pano Akil. Couple was secured by the Karachi Police and later on produced before the Judicial Magistrate, South Karachi, Rahmatullah Morio for recording their statement and providing protection. The Judicial magistrate, South Karachi, sent the said couple to the Edhi trust on September 22^nd, 2003.

Karachi police obtained the custody of the couple from Edhi Trust and they were shifted towards Islamabad. After pursuing the valid marriage document. Later on due to unavoidable circumstances best known local lords of the locality brought the couple from Islamabad to Pano Akil to decide the fate of the couple in which girl was to be handed over to her Almani Tribe but the Jirgah was postponed due to demonstration of social organization of  Ghotki and Pano Akil.

At present the petitioner has come to the knowledge that due to the feudal lords secret decision the couple has been separated from each other and there is rumor in the district Ghotki and Pano Akil Tehsil and Mirpur Mathelo Tehsil that the girl has been killed.

These types of incidents are deliberately created by the feudal lords and publicity is being given to these incidents with intention of the people should follow them and those feudal lords should be the final authority of free will marriage disputes, murder disputes, property disputes all other kinds of criminal disputes and the state of local machinery looking the feudal lords political approach and personal terms with the high officials they ignore such type of activities of the feudal lords. It is a parallel law, which they have established in their respective areas.

Some newspaper also published that Ms. Shaista Almani has been divorced against her free will and consent on the pressure of the powerful Feudal Lords. Which is also an illegal act under the law.

There is no speedy forum except this honourable court to rescue the life of the couple to recover the detente couple and decide the question of their free will and consent marriage as per principles of Islam and law of the land.

Petitioner has no any alternate speedy and efficacious remedy available to therefore he invokes extra ordinary constitutional jurisdiction of this honourable court.