Pakistan International Human Rights Organization established in 1999 as an independent non-political and non-governmental organization. This organization deals the matter in respect of Human violation in Pakistan especially and in other countries of the world endeavors to serve humanity work for human welfare and help the downtrodden and deprive people.
Girl namely Naima daughter of Aziz Ullah Jumani of Hyderabad has legally married with Jamshed Mallah S/O Imam Bux Mallah of Jamshoro. In this respect Nikkah was performed as per shariat and the victim girl Naima also sworn affidavit in the court of second Judicial Magistrate on 15/07/2006, in which she stated that she intends to marry with Jamshed Ali with her own consent and free will. There after the police registered a false case against the husband of Mst.Naima being crime No. 31/2006 P.S Bhittai Naghar Hyderabad. Hence the case of Naima comes with in the ambit of constitutional rights. Hyderabad police violated the human rights of the above mentioned citizen due to facts that Mst. Naima daughter of Aziz Ulllah, student of Inter class at Zubeda College Hyderabad and Jamshed Mallah is also student of inter final at Hyderabad. Mst. Naima and Jamshed Mallah agreed to marry with each other. On 14th July 2006 she gave the Jamshed Malah call to receive her from outside Al-Manzar Hotel Jamshoro and she gave her consent to Jamshed Malah that she wants to marry with him. He went there and thereafter the couple went to the court of judicial Magistrate-II Hyderabad where Mst. Naima on 15th July 2006. sworn her affidavit on judicial stamp paper in which she stated she intends to marry with Jamshed with her own consent and free will and she further stated that she swear this affidavit without fear, force, pressure and without intoxication. She has further said in this affidavit that she has neither been abducted nor enticed by any one; she is swearing this affidavit for marriage. She has further stated in this affidavit that she has not taken any thing viz gold, cash, ornaments or costly things from her parent’s house.
On 15.07.2006 Mst. Naima daughter of Aziz Ullah Jumani contracted marriage with Jamshed son of Imam Bux resident of village Abdullah Chwaro near Jamshoro phatak.
The brother of victim girl namely Umair Jumani son of Aziz Ullah Jummani registered the FIR at P.S Bhittai Naghar Hyderabad on 15.07.2006 stated in the FIR that his sister has been Kidnapped. Then the police knowingly arrested the couple Mst. Naima and Jamshed though police know that the couple entered into marriage, Jamshed is in Judicial remand up to 28.07.2006 in Hyderabad Jail. In Collusion with Umair brother of the victim girl Mst. Naima arrested Mst. Naima on 17.07.2006 and kept her in wrongful confinement in Bhittai Naghar Police Station up to 19.07.2006. She was harassed, humiliated and tortured by the police as well as her brother Umair and other Jumanis Tribe people. She was compelled to give statement against her legally wedded husband. Eventually they succeeded and she was produced by the police on 19.07.2006 before Judicial Magistrate Hyderabad she gave the statement against her husband Jamshed Ali Mallah under harassment, coercion and torture.
From various Newspaper the petitioner organization has come to know that the victim girl Naima is American National and her parents at present are living in America and they are also American Citizens. In this respect the petitioner Organization has also informed the American Ambassador at Islamabad and Consulate General of United States of America at Karachi.
Jummani tribe peoples in a decision has declared Mst. Naima as Kari and there is apprehension that her brother Umair Jummani and other relatives of the victim girl can Kill her at any times as the judicial Magistrate Hyderabad has handed over the victim girl Naima to her brother without touching the background and seriousness of the case or without seeing this aspect that whether the girl will be killed by her relatives through un-social, illegal and cruel law of Karo Kari in Sindh.
The action of the DPO Hyderabad and SHO who has lodged the FIR under crime No.31/2006 against the victim Jamshed Mallah is illegal, null and void and is against the law and there is no alternate efficacious and prompt remedy available except this petition.
Victim girl is in Karachi in Hospital as she is under depression because of Harassment and humiliation, torture at the hands of Bhittai Naghar Police.
Jummani tribe people were chasing them and harassed them that if they will file the petition in respect of Mst. Naima then they will be murdered therefore apprehending danger to their life they are filling the present petition before this honourable court. |