SC stays Misbah’s removal from Pakistan
A three-member bench of the Supreme Court on Friday stayed the removal of Misbah Irum Ahmed Rana, also known as Molly Campbell, from Pakistani territory till the final decision of her father’s appeal.
The bench suspended an earlier order of the Lahore High Court (LHC) according to which Misbah was to be handed over to the British High Commission today (Friday) to be given into the custody of her Scottish mother, Louise Ann Fairly.
The three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad, while maintaining status quo in the case adjourned the hearing till the second week of January.
The father of the Scottish-Pakistani girl, Sajjad Ahmed Rana, had filed an appeal in the Supreme Court on Thursday challenging the LHC decision.
The Supreme Court observed that the case entails utmost significance and needs to be heard in detail.
The LHC stay order that prevented the handing over of the girl into her mother’s custody through the Scottish embassy in Pakistan expired on Friday.
The Scottish mother of Misbah has been accused of exerting pressure on her daughter to make her live with a stranger whereas the girl has expressed resentment over such a way of life besides showing eagerness to live a Muslim life with her father in Pakistan.
The counsel for Sajjad Rana, Justice (retd) Malik Abdul Qayyum, argued before the SC bench that it should take into consideration the principles of Muslim Personal Law, Shariat Application Act, Enforcement of Shariat Act, 1991 and Articles 2 and 2-A of the Constitution of Pakistan which state that Islam is the state religion and all steps of the state will be governed by Islamic principles.
He maintained that Misbah’s mother, Louise Ann Fairly, is an unfit lady to have the custody of the young girl who has attained puberty in the eyes of the Shariah. Fairly has admitted to living in stable adulterous relationship with Kenneth Campbell. The Shariah prohibits Misbah to be sent with her adulterous mother and a non-Muslim Mahram (stranger). Custody of a young Muslim girl who has attained puberty could not be handed over to the mother who had not only forsaken Islam but was also living an extra-marital life with a man known as Kenneth Campbell, he contended.
Naheeda Mehboob Illahi, who appeared on behalf of Fairly, submitted that the case should be adjudicated in accordance with the Pak-UK protocol on child transfer.
The bench after hearing the preliminary arguments ordered maintaining status quo in the case and adjourned the hearing for the second week of January 2007.
APP adds: Earlier, Muhammad Qayyum Malik advocate apprised the court regarding emergency of the hearing of the case with request for the issuance of orders. If the orders were not issued by the court regarding the custody of Misbah, she would be taken out of the country by the High Commissioner of the UK, he said.
Replying to a question raised by the bench regarding withdrawal of the Intra-Court Appeal (ICA) from the LHC, the counsel for the petitioner said the case had been withdrawn from the ICA.
Following is the text of the short order:
“After hearing the learned counsels for both the parties in the CMA petition filed by Sajjad Ahmed Rana, the father of Misbah Irum Rana, we direct for status quo.
The minor (Misbah) shall not be removed from the territory of Pakistan. Hearing of the case is adjourned for second week of January 2007.”
The former wife of Sajjad Ahmed Rana filed a petition in the Family Court of Scotland for custody of her children. That court gave custody of Adam Ahmed Rana and her sister Misbah Irum Rana, who were both below 16 years, to their mother.
Sajjad Ahmed Rana, who had divorced his Scottish wife in 2001, managed to remove Misbah, now about twelve-and-a-half years old, on a chartered flight from Scotland with the help of Tehmina Ahmed Rana, the elder sister of Misbah, to another destination and ultimately to Pakistan via Dubai on August 26, 2006, according to documents attached with the petition filed by Louise Ann Fairly in the Lahore High Court.
A single judge bench of the LHC directed Sajjad Ahmed Rana to give the custody of Misbah to her mother and allowed her journey from Pakistan to Scotland for ascertaining whether she wants to live with her mother or father.
The LHC order was challenged before the ICA through a petition by Sajjad Ahmed Rana. During the pendency of the petition before the ICA, Misbah’s father filed a petition in the Supreme Court for prohibiting the removal of Misbah from Pakistan till the final orders of the apex court.
Misbah’s two brothers, Umar Ahmed Rana and Adam Ahmed Rana, who are also in Pakistan nowadays, were also present in the courtroom during the proceedings.
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