IFTIKHAR HUSSAIN CHAUDHRY, C.J.--- Sabrina lqbal was married to one Afzal Minhas. A son, Zeeshan Haseeb was born on 20.8.1996, out of the wedlock. Zeeshan Haseeb was brought to Pakistan by his father. Sabrina lqbal filed a Criminal Miscellaneous Petition No. 173-H/2003 for issuance of a direction in the nature of Habeas Corpus with regard to Zeeshan Haseeb urging the ground that he was brought to Pakistan unlawfully by his father.
2. The petition was contested by grand father of Zeeshan Haseeb who also produced a statutory declaration dated 22.10.2001 whereby Sabrina lqbal had allowed Afzal Minhas to take Zeeshan Haseeb to Pakistan so that he could receive education in a Pakistani school. The petition was accordingly disposed of as it was found that case was not that of child abduction.
3. Zeeshan Haseeb was got admitted in a residential private school called Imperial Cadet School, Multan where he is studying at present.
4. Sabrina lqbal moved present petition on the ground that the High Court of Justice, Family Division, London has declared that Zeeshan Haseeb has declared that Zeeshan Haseeb would remain a ward of that Court and that had desired to exercise its custodian jurisdiction over the child and had allowed Sabrina lqbal to take the child back to England. A declaration/statement made by Afzal Minhas on 5th day of November, 2003 at the Royal Courts of Justice, London, England which has been duly attested by the Family Division was also relied upon by Sabrina lqbal.
5. Notice of the petition was issued to Maqbool Ahmad in whose custody minor Zeeshan Haseeb was, at present.
6. Counsel for the parties have been heard today.
7. Learned counsel for respondents submitted that Afzal Minhas had made the statement in the High Court, Family Division in London but submitted that statement was made under duress and coercion and was not legally binding on Afzal Minhas. It was submitted that order passed by the High Court of England could not be executed in this country nor could be followed or acted upon and that the High Court should ignore the order. It was argued that Sabrina lqbal had already granted permission to Afzal Minhas to bring the child to Pakistan and has allowed him to remain in Pakistan to be educated her, therefore, the matter for handing over the minor should be adjudicated upon by this Court.
8. Zeeshan Haseeb, the minor is admittedly a British subject and according to order passed by High Court of Justice, Family Division at London, he was ward of that Court and matter of his custody has to be decided by the Court as all the parties, namely the father, the mother and the minor are British subjects, therefore, the petition is allowed.
9. The Principal, Imperial Cadet School, Khanewal Road, Multan is directed to hand over Zeeshan Haseeb to Sabrina lqbal after ascertaining her identity with the help of the passport, which she is carrying. Sabrina lqbal is permitted to take the minor to United Kingdom as has been desired by the High Court of Justice, Family Division, Landon.
10. Afzal Minhas present in Court has desired to see Zeeshan Haseeb. Afzal Minhas may visit the school and Principal of the school shall allow Afzal Minhas to meet Zeeshan Haseeb in his presence in school premises.
11. A copy of the order shall be sent by Fax to District Judge, Multan to ensure compliance.