LAHORE, Dec 21: The Lahore High Court on Saturday ruled that non-ratification of the Hague Convention on International Child Abduction by the government was violative of citizens’ fundamental rights guaranteed by the Constitution.

Justice Tassadduq Husain Jilani directed the deputy attorney-general to furnish written comments of both interior and foreign affairs ministries on Jan 7 as to why the government had not ratified the Hague Convention and what remedies were available to an aggrieved father of a seven-year old boy taken outside the country illegally.

The court observed that prima facie, fundamental rights guaranteed under Article 4 (right to be dealt in accordance with law), Article 25 (equality of citizens before law), and Article 35 (protection of family) of the Constitution would be violated in case the Hague Convention was not ratified by the government

Earlier, while filing a reply to the petition on the alleged abduction of Muhammad Usman Khan Babar and his immigration to the US by his estranged mother, the deputy attorney-general (DAG) informed the court that Pakistan was not a signatory to the Hague Convention and the petitioner could not seek remedy under it.

The DAG suggested that the petitioner should approach the interior ministry directly for the redressal of his petition.

The petitioner, Dr.Tariq Aziz Khan, informed that he had contacted both the interior ministry and the US embassy to inquire about the departure of his son in violation of a Supreme Court order but to no avail. He submitted that the US ministry had confirmed that his estranged wife was currently residing in Colorado, USA, along with his son.

The court observed that every year thousands of children were forcibly taken away from one spouse by the other and this tragedy demanded a collective action by the international community.

It was further ruled that the Convention on the International Child Abduction 1980 and the Convention on Children’s Rights of Protection Against Violence were the reflection of international resolve on this issue.

The petitioner had alleged that his seven-year boy had been abducted by his estranged wife Amna Khan who took him away to the US in violation of the Supreme Court orders.