SHAFQAT HUSSAIN vs ABDUL HAMEED art — 2025 PLD 97 ISLAMABAD

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SHAFQAT HUSSAIN VS ABDUL HAMEED art. 128--- Specific Relief act (I of 1877), S. 42---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Constitution of Pakistan, arts. 14 & 199---Constitutional petition---Quashing of FIR---Cheating and using forged documents---Paternity of an individual---Locus standi---Negative declaration---Scope---Dignity of individual---Protection of rights of women and children---Respondent/complainant alleged that petitioner/accused facilitated falsification of NaDRa record reflecting an adopted child as his son---Plea raised by petitioner/accused was that question of paternity could not be determined by brining criminal charges---Validity---No negative declaration can be sought under S. 42 of Specific Relief act, 1877 with regard to paternity of an individual---Law only vests a right in an individual to seek a positive declaration regarding his/her paternity---Even a father cannot deny paternity of a child beyond the period prescribed in art. 128 of Qanun-e-Shahadat, 1984---No third party, including a putative brother or sister or a family member or a relative, has locus standi to challenge paternity of an individual as no evidence can be accepted to negate statutory declaration made by art. 128 of Qanun-e-Shahadat, 1984---Prohibition against bringing a challenge against paternity of an individual is designed to protect right of such individual to dignity and privacy guaranteed by art. 14 of the Constitution, as well as the collective interest of society in protecting rights and interests of women and children, including privacy, identity, and reputation of children from being besmirched from allegations of illegitimacy---Complainant sought to abuse process of law to question legitimacy and identity of child for pecuniary gain and in doing so he had used provisions of P.P.C. and Cr.P.C. to put pressure on the petitioner to enter into a settlement after instigating arrest of petitioner in relation to FIR in question---High Court in exercise of extraordinary Constitutional power, quashed FIR. in question that should never have been registered as no cognizable offence was made out in view of the petitioner claiming that he was father of minor as was reflected in various documents which were alleged to have been fabricated by petitioner---High Court imposed costs of Rs. 100,000/- upon respondent/complainant---Constitutional petition was allowed, in circumstances.

SHAFQAT HUSSAIN vs ABDUL HAMEED art — 2025 PLD 97 ISLAMABAD

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