KARACHI, June 20: The Sindh High Court has ordered that non-bailable warrants for the arrest of a PIA pilot, Faisal Janjua, be issued for his failure to comply with a consent court order in a habeas corpus petition filed by Ms Sara.
Justice Mujeebullah Siddiqui passed the order in Ms Sara’s application, filed by Khwaja Naveed Ahmed, whose brief was held by Ms Anila Siddiqui.
According to the fact of the case, a habeas corpus petition, filed by the applicant, had been disposed of by a consent order on December 13, 2001. Under the consent order, it had been agreed that the respondent, Faisal Janjua, would pay Rs10,000 every month to her for the upkeep and maintenance of the applicant and three children born of the wedlock between the applicant and the respondent, who is reported to be a commercial pilot in PIA.
It was further agreed that the respondent No 1 should deliver all the articles belonging to the applicant at his discretion, and the applicant should not raise any objection about their quantum.
It was the contention of the applicant that the respondent did not comply with the consent order passed by the SHC, and the notices sent to the respondent were returned unanswered.
According to the applicant, the respondent was recently transferred from Karachi to Islamabad. This was confirmed by advocate Zulfikar Ali Shah, holding brief for Shaikh Mir Mohammed, advocate, counsel for the respondent No 1.
The applicant had submitted that the respondent had left her and her three minor children and was not paying any amount for their maintenance in spite of the consent order and had not returned the articles belonging to her. The fact was not denied by the counsel holding brief for Mir Mohammed Shaikh.
The court observed that the respondent No 1 is “totally callous and cruel, to say the least.” Since the consent order was made in criminal miscellaneous, therefore in exercise of the inherent power of the court under section 561-A of CrPC and in order to give effect to the consent order of December 13, 2001, and to secure the ends of justice, Justice Siddiqui directed that non-bailable warrants be issued against respondent Faisal Janjua, through the Capital City Police Office Karachi and through the police chief, Islamabad, as well as through the DIG, Rawalpindi, simultaneously.
The applicant had submitted that the jewellery, ornaments, parlour articles and other properties had not been returned so far.
