The Lahore High Court, Lahore issued direction to Punjab Police and Local Government to submit a fresh report by evolving a comprehensive mechanism to eradicate a continuing abuse of Child Marriage and Violation of Provisions of “Child Marriage Restraint Act 1929”
Islamabad 02-03-2024: The Honourable Judge of Lahore High Court, Lahore Mr. Justice Anwaarul Haq Pannun, while hearing [Writ Petition 875-HB of 2024] on 28.02.2024 observed that Prosecutor General, Punjab was required to submit the report as to whether the directions contained in the order passed in Crl. Misc. No. 33583-B of 2023 titled as "Shahid Imran Vs. the State, etc." have been duly complied with or not and what steps so far have been taken in pursuance of direction of this Court contained therein, the learned Prosecutor General Punjab, Lahore appeared before the Court and submitted his report along with a report of the Director General Local Government and Community Development, Lahore for framing of SOPs, who forwarded the proposals for framing of SOPs to eradicate a continuing abuse of child marriage besides bringing the delinquents to book(appended with the report) wherein, it has been suggested that:
"monthly collection of record of Nikah/marriages solemnized in each Union Council should be checked by the Administrator/Assistant Director LG & CD at Tehsil level to check the child marriage registered (if any) and if such cases are found, legal action should be initiated by the Administrator/Chairman Union Council forthwith under Sections 4,5 and 6 of Child Marriage Restraint Act 1929 and the license of Nikah Registrar must be cancelled immediately; the police department may also be requested to take prompt action on complaint/information received from any department/person regarding any violation of Child Marriage Restraint Act, 1929; the emergency/help line No.15 (Police Department) & 1121 (Child Protection and Welfare Bureau) may be publicized for the awareness of general public for complaint/information." The learned Prosecutor General, Punjab, Lahore through his report further elaborates that "his office has taken an initiative by establishing a facilitation center to address the issues in submission of challans/reports within the stipulated period as required by the law. In facilitation centers the Prosecutor General Office has separated the pre-trial and trial prosecutor teams. Pre-trial prosecutors shall provide full time assistance to the 10s from the date of registration of FIR till completion of the challan/report u/s 173 Cr.P.C. The Pre-Trial Prosecutors remain available for assistance, coordination and liaison with the police officers during the office hours".
The initiative of the learned Prosecutor General, Punjab, Lahore in this regard is appreciable. However, there are certain aspects, which have not been considered, so far, therefore, the learned Prosecutor General, Punjab, Lahore is, however, directed to convene a meeting on 04.03.2024, in his office, with the Inspector General of Police, Punjab or his representative not below the rank of Deputy Inspector General of Police and the Director General, Local Government and Community Development, Punjab, Lahore and submit a fresh report by evolving a comprehensive mechanism in the light of law laid down in case reported as "Mst. Tahira Bibi Vs. SHO etc." [PLD 2020 Lahore 811], "Zeeshan Ali Zafar Vs. SHO and others " [2021 MLD 880] and the order passed in Cr1. Misc. No.33583-B of 2023 titled as "Shahid Imran Vs. the state, etc.", to give full effect to the Provisions of the Muslim Family Laws Ordinance, 1961 and all other penal laws and submit his report before the Court on or before next date of hearing. The case has been adjourned for 05.03.2024 for submission of compliance report.
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