Habeas Corpus Petition

BEFORE THE HONORABLE COURT OF SESSION’S JUDGE, RAWALPINDI
Habeas Corpus Petition______/2023
Iqra Khan D/O Ghulam Muhy Ud Din, R/O

……Petitioner
VS
1. Muhammad Ramzan S/O Ghulam Muhammad, R/O House no.721-A, Mohalla Dhok Paracha,
Service Road Rawalpindi.
2. Sheikh Muhammad Mubeen S/O Mubashir Iqbal, R/O House no.1287-B, Mohalla Satellite, Town,
Syed Pur Road, Rawalpindi.
3. SHO______, Rawalpindi.
…..Respondents
P E T I T I O N U/S 491 CR.P.C. FOR RECOVERY OF DETENU NAMELY, (ZAMIN MUBEEN),

SON OF PETITIONER, FROM ILLEGAL CUSTODY OF RESPONDENT NO. 1.
Respectfully Shewth:
1. That through the instant petition, the petitioner humbly seeks indulgence of this
Honorable Court for issuance of directions for recovery of her real son from the illegal
custody and confinement of Respondents No. 1. The details of detenu and place of
confinement have been given hereunder:
Name of Detenu: Zamin Mubeen

Date of Birth: 22-08-2021
Age: 2 Years, 3 months and 20 days old
Relation with Petitioner: Son
Abductors: Respondents No. 1 & 2
Place of Confinement: House No. no.721-A, Mohalla Dhok Paracha, Service Road
Rawalpindi.
2. That succinctly stated the facts giving rise to the filing of instant petition are that the
petitioner was married to Respondent No. 2, in a ceremony arranged by the respondent
no.2 himself, in the year 2020, December, against the whim and wishes of the parents of
the petitioner, the respondent no.2 connivingly never got the Nikah Namma registered
and whenever the petitioner inquired about the Nikah Namma, the respondent with one
pretext or another kept reverting the matter.
3. That out of the wedlock the petitioner was blessed with a son on 22-08-2021, the
respondent no.2 even kept his name concealed on birth documents and had mothers
name enrolled on it, that respondent no.2 is a drug addict, whose rationality is reduced
to the extent of scoring drugs only. (Copy of all the medical records along with pictures
of the minor are attached herewith as Annex-A for the kind perusal of the record)
4. That the attitude of the respondent No.2 became harsh, unreasonable, cruel after the
birth of child and he starts making demands from the petitioner to bring money from
the petitioner’s family and on the refusal respondent No.2 used to beat the plaintiff
mercilessly.
5. That despite the physical and mental torture given to the petitioner by respondent No.2,
the portioner tried her level best not to disclose these issues before her family but the
behavior of respondent No.2 became more harsh and cruel and on 25-05-2023 the
respondent No.2 deserted the petitioner from his house along with minor and since
then the petitioner is residing with her mother.
6. That the petitioner for the sake of this sacred relationship and for mental and physical
health of minor did not opt out the right of KHULLAH and tried her level best to settle
and sort the issues and even allow the respondent No.2 to visit her house and meet with
minor.
7. That the petitioner being an educated women is a working lady who was mending
herself and her son, that as per the knowledge of the petitioner, respondent no.1 was a
distant relative of respondent no.2, who had helped the respondent on different
occasions with financial means and even use to visit the petitioner and respondent.
8. That respondent no.2 on 4th of December 2023 took the detenu/minor with himself for
getting him a sweets from the market but never returned home, that petitioner
searched day and night for the whereabouts of both the son of the petitioner and
respondent no.2 and finally got successful on 6th of December 2023, whereupon the
petitioner came to know that the minor/ son of the petitioner had been handed over to
the house of respondent no.1 as he was heirless and the respondent no.2 was staying at
a friends place.
9. That the petitioner approached the house of the respondent no.1 and requested them
to hand over her child but up to no avail and instead was threatened that the petitioner
would face dire consequences and that Respondent No. 1 never let the petitioner to see
her minor child during her life if she ever tries to reach any court of competent
jurisdiction for redressal of her grievance or any other authority.
10. That the minor, Zamin Mubeen is 2 year and 3 months old. The minor is of tender age
and he cannot live without her mother and any confinement would lead to deterioration
health and mental condition of the minor.
11. That if the detenu/minor child/Zamin Mubeen is not released and handed over to the
petitioner, there is serious apprehension of danger to his life.
12. That for wider interest of justice, it is necessary that directions may be issued to
respondent no.3 for recovery/release of detenu from illegal confinement of
Respondents No. 1.
13. That Respondents No.1 has confined the detenu in his illegal confinement/custody
within territorial limits of Session Division of this Honorable Court as well as jurisdiction
of Respondent No.1, therefore, this Honorable Court has got cognizance to entertain and
adjudicate upon the petition in hand.
14. That there is no other speedy and efficacious and appropriate remedy available to the
petitioner except to invoke the jurisdiction of this Honorable Court through the instant
Habeas Corpus Petition.
P R A Y E R:
In aforementioned circumstances, it is humbly prayed that instant petition may kindly be
accepted, necessary directions may be given to Respondent No.3 and he may be ordered to
recover the detenu, Zamin Mubeen, from illegal detention/confinement of Respondents No. 1;
the detenu be produced before this Honorable Court and handed over to the petitioner in the
best interest of justice.
PETITIONER
Through
KAZI SHEHARYAR IQBAL KAZI SHAMSHER ALI

Advocate Supreme Court Advocate High Court
OBAID-UR-REHMAN BASRA RAJA HUZAIFA NADEEM
Advocate High Court Advocate High Court
CERTIFICATE:
It is certified that upon instructions of my client it is the 1st petition u/s 491 Cr.P.C. filed before
this Honorable Court in the instant matter.
COUNSEL
BEFORE THE HONORABLE COURT OF SESSIONS JUDGE, RAWALPINDI

Habeas Corpus Petition______/2023
Iqra Khan
VS
Muhammad Ramzan etc.
P E T I T I O N U/S 491 CR.P.C. FOR RECOVERY OF DETENU NAMELY, (ZAMIN

MUBEEN), SON OF PETITIONER, FROM ILLEGAL CUSTODY OF RESPONDENT
NO. 1.
AFFIDAVIT
That I, resident of ________, Tehsil and District Rawalpindi do hereby solemnly

affirm and declare as under:
That the contents of the above petition u/s 491 Cr.PC is true and correct to the
best of my knowledge and belief and nothing has been concealed therein.
DEPONENT

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BEFORE THE HONORABLE COURT OF SESSION’S JUDGE, RAWALPINDI

Habeas Corpus Petition______/2023

Iqra Khan D/O Ghulam Muhy Ud Din, R/O

P E T I T I O N U/S 491 CR.P.C. FOR RECOVERY OF DETENU NAMELY, (ZAMIN MUBEEN),

Name of Detenu: Zamin Mubeen

KAZI SHEHARYAR IQBAL KAZI SHAMSHER ALI

BEFORE THE HONORABLE COURT OF SESSIONS JUDGE, RAWALPINDI

P E T I T I O N U/S 491 CR.P.C. FOR RECOVERY OF DETENU NAMELY, (ZAMIN

That I, resident of ________, Tehsil and District Rawalpindi do hereby solemnly

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