' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- In this case Daily Express, dated 26th of June, 2006, reported about the abduction (kidnapping) of two minor boys in an incident which took place on 24th of November, 2005 when the minor children of Zahir Khan in uniform left for school but did not return after school hours. Therefore, the parents and other relatives started their search but without any success.
2. It is to be noted that preliminary enquiry revealed that both the minors were kidnapped on their way to school. The accused involved in the commission of offence demanded ransom of Rs,50,00,000 and also threatened the parents and relatives of the children not to involve police otherwise they will be done to death. Poor parents having left with no option, arranged an amount of Rs,48,00,000 but the culprits declined to hand over the children for one reason or the other.
3. Under the circumstance, it was in the month of December, 2005, a case was registered at Police Station Gulbahar, Peshawar. The whole family remained disturbed as no progress was being made although the Police Officers/Officials did their best. Representations/applications/ complaints were sent by the parents and relatives of the abductees to different quarters but without any success.
Ultimately, they got issued articles in the newspapers. One of the same appeared in the Daily Express, as noted hereinabove. On having taken note of the fact that under Article 9 of the Constitution of Islamic Republic of Pakistan, it is the question of life and liberty of the minors, suo motu jurisdiction was assumed on the basis of the material furnished in the Daily Express. In response to the same, Advocate-General, N.-W.F.P. Was directed to appear along with the concerned Police Officers as well as to produce Bahadur Khan, Tehsil Nazim, Samarbagh, Lower Deer because in the article so published in Daily Express, it was mentioned that he was assisting the kidnappers.
4. Mr. Habib-ur-Rehman, CCPO, Peshawar along with his team appeared in response to the notice on the last date. He also produced Mr. Bahadur Khan. They were directed to effect the recovery of the minors safely in order to ensure guarantee to their life and liberty. The Secretary FATA was also directed to cooperate with the police.
5. Today, Additional Advocate-General, N.-W.F.P. And Mr. Habib-ur-Rehman, CCPO/D.I.-G. Peshawar being the leader of the team appeared along with other officers namely Mr. Sher Akbar, S.P. City Peshawar, Mr. Aziz-ur-Rehman, D.S.P. Investigation City, Peshawar, Mr. Karamat Shah Inspector, C.I.A. Peshawar and Mr. Fazal Kareem, Sub-Inspector, Police Station Gulbahar Peshawar and produced the minors namely Nauman aged about 10-1/2 years and Mohsin aged 5 years. Both are the students of 4th and prep classes in Municipal College and School Wazirbagh, Peshawar. They stated that after passing of the order by this Court, they did their best to comply with the same and had not wasted even a single moment knowing well that the order of the apex Court has to be complied with at any cost.
6. Mr. Habib-ur-Rehman, CCPO/D.I.-G. Peshawar informed that he had constituted teams to achieve the object and also involved the notables of the area and used his personal contacts as well being a Police Officer and ultimately with the cooperation of his team, some of them present in Court, succeeded in effecting the recovery of the minors who were detained in the area of "Asmar, Jalalabad", Afghanistan. Recovery of the minors was affected yesterday at about 5-00 p.m. He stated that the notables were engaged and they had crossed the border and brought both the minors in pursuance of the efforts which were made by the police and straightaway they have come to Lahore for producing the minors in Court and showing the compliance of the order.
Therefore, he could not prepare the report. CCPO/D.I.-G. Is directed to prepared the report and send its copy to the Registrar as well as to the Secretary FATA and the Home Secretary of N.-W.F.P.
7. It is the duty of all executive authorities and judicial authorities throughout Pakistan to act in aid of Supreme Court under Article 190 of the Constitution, therefore, in discharge of such duty, the Police Department of N.-W.F.P. Under the command of Mr. Habib-ur-Rehman, CCPO, Peshawar had not only complied with the order but had shown great respect for enforcement of the Constitution knowing well that it is the right of both the minor children to live freely. The task accomplished by them would furnish a precedent for all other executive authorities for the purpose of complying the order of the apex Court. The object which has been achieved by them was apparently very difficult, as according to their information, the minor boys were not kept in Pakistan but had been shifted to Afghanistan. Therefore, they have performed a job which otherwise had become impossible. Mr. Habib-ur-Rehman, CCPO along with his team who have been named hereinbefore, deserve encouragement and appreciation for performing the duty by using their professional skills and involving all other resources.
8. We are of the considered opinion that this is the job of a good Police Officer/officer's to establish rule of law who has/have respect not G only for the law and the Constitution but for the implementation of the orders passed by the Supreme Court. We would recommend to the Provincial Government to recognize their services in an appropriate manner as deemed fit under the rules and regulations. Copy of this order be sent to the Chief Secretary, N.-W.F.P. With direction that he would further make recommendations/endorsements under his own handwriting along with this order to the Secretary Establishment for the purpose of keeping the same on record of the Police Officers. Similarly those Police Officers who belonged to the Provincial Cadre, their services would also be recognized by the Chief Secretary by placing copy of the same on their service record as well and according to rules on the subject.
9. Let copies of this order be sent to the Interior Secretaries and I.-Gs, of Police of 'all the four Provinces as also to the I.-G.P. Of Islamabad for information of all the executive authorities.
10. Zahir Khan Father of the minors is present along with other relatives and stated that the custody of both the minors has been handed over to him. It appears that there is some business rivalry of Zahir Khan, therefore, he deserves to be provided protection by the police department of N.-W.F.P.
According to requirement of law. Since the task has been accomplished successfully, therefore, no further action is called for. Petition stands disposed of accordingly.