KARACHI, June 28: In compliance with a non-bailable warrant of arrest, a PIA pilot appeared before Justice Mujeebullah Siddiqui of the Sindh High Court on Friday and deposited the amount which he had agreed to pay every month to the petitioner for the maintenance of their three children.
Justice Siddiqui also directed the PIA managing-director to order deduction of Rs10,000 from the salary of the pilot and deposit it with the Nazir of the court every month. The Nazir was required to pass it on to the petitioner.
On the previous date of hearing Justice Siddiqui had ordered that non-bailable warrant of arrest for PIA pilot Faisal Janjua be issued for non-compliance of a consent court order in a habeas corpus petition filed by Ms Sara.
As soon as the matter came up for hearing and the pilot appeared, the court ordered that he should immediately be taken into custody and should not be allowed to leave without depositing the outstanding amount with the Nazir.
After some hesitation the pilot deposited the required amount with the Nazir, thus making the non-bailable warrants inoperative. The amount was handed over to the petitioner.
The Nazir was also directed to raid the house of mother of the pilot along with the petitioner and recover the dowry articles on her pointation and keep them in safe custody until next orders.
The court also ordered that on the first and third Saturdays of every month the children could meet their father in the office of counsel Khwaja Naveed Ahmed.
A habeas corpus petition filed by the applicant was disposed of by a consent order on December 13, 2001, according to which the respondent, Faisal Janjua, would pay Rs10,000 every month to her for the upkeep and maintenance of the applicant and three children born out of the wedlock between the applicant and the respondent.
It was further agreed that respondent No 1 shall deliver all the articles belonging to the applicant at his discretion and the applicant shall 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 Mohammad advocate, counsel for the respondent No 1.
The court had observed that respondent number 1 was “totally callous and cruel to say the least”. Since the consent order was made in criminal misc, therefore, in exercise of inherent power of the court under section 561-A CrPC and in order to give effect to the consent order of Dec 13, 2001, and to secure the ends of justice, the judge directed that non-bailable warrant be issued against the respondent, through CCPO office and through police chief, Islamabad, as well as through DIG, Rawalpindi, simultaneously.
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 consent order and had not returned the articles belonging to the applicant. The fact was not denied by the counsel.
Justice Siddiqui had observed that the contention of the applicant shall be considered after the arrest of the respondent.
































