High court restrains Misbah’s movement

Published September 27, 2006

LAHORE, Sept 26: The Lahore High Court on Tuesday asked Sajjad Ahmad Rana, father of 12-year-old British national Misbah Iram Rana (Molly Campbell), not to move her outside its jurisdiction.

Justice Mian Saqib Nisar also directed the respondent’s counsel to submit written arguments within three days and sought the passport of the Scottish girl.

Hearing in the writ petition filed by Louise Anne Fairley, mother of Misbah, the court observed that it was necessary to restrict the movement of the family and wait for the decision of the local guardian court about the girl’s custody and parentage.

The court adjourned the case till Oct 9.

Through the petition, Ms Fairley requested for the custody of her daughter who, she said, was abducted by her former husband and his daughter Tehmina Ahmad Rana.

The court directed Misbah’s father to file para-wise comment on the petition by the next date of hearing.

Meanwhile, Sajjad Rana stated that he was keeping the girl in his custody under a court order because Misbah, who had almost attained puberty, did not want to live with her mother who had turned an apostate. The home Misbah had been living in Scotland was like a ‘living hell’ to her in the presence of a stranger whom her mother called her boyfriend.

He submitted that no Muslim girl could be placed in the custody of an apostate and made to live in a cultural milieu which was deeply in conflict with an Islamic society.

According to the reply, filed through advocate Dr A. Basit, Misbah was mature enough to take a decision about her future. She had come to Pakistan of her own free will and wanted to live here; this was a right which no one could snatch away.

Ms Fairley moved her petition from Glasgow, Scotland, through lawyers Muhammad Zahid Naseem and Naheeda Mahboob Elahi.

She stated that her daughter was removed illegally from her lawful custody on Aug 28 by respondents despite a restraining order by the Scottish police. She submitted that she had approached the Glasgow police expressing the fear that her former husband would abduct Molly.

But the respondents, she said, kidnapped the girl and took her to Pakistan where she was being forced to live with them. She said the Pakistan government was under legal obligation to repatriate abducted children to the place from where they were kidnapped.

AFP adds: Ms Fairley filed the petition after Mr Rana won a case in a lower court of Lahore three weeks ago barring the government from repatriating the girl.

She said Mr Rana concealed facts from the court about the legal status of the child and that the decision should be reviewed.

She said Molly “has been brought to Pakistan in an illegal and improper manner without taking into consideration the fact that the matter of her custody was already pending before a court of law in UK.”

“Sajjad Ahmed Rana was made bound not to move or take away his daughter beyond the jurisdiction of British court,” the petitioner added.

Misbah denied she was under any pressure from her father. She told a news conference earlier this month that she would like to keep in touch with her mother but does not want to live with her in Scotland.—AFP

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