' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---By instant order we propose to dispose of listed Suo Motu case of abduction of minor kids of Mst. Tahira Jabeen.
2. Briefly stating the facts of this are that Mst. Tahira Jabeen had two minor kids namely Sameen Arshad and Muhammad Nooran (aged about 4 and 2 years respectively) from her former husband, Rahmatullah Arshad. On parting ways with each other, Mst. Tahira Jabeen filed proceedings before the Guardian Judge at Lahore seeking permission to retain the custody of the minors. The Court, pending decision of the matter and on account of ad interim arrangement, extended visiting right to their father, Rahmatullah Arshad, who allegedly misused such concession granted to him by the Court on 26th January, 2009 as after receiving the custody temporarily he failed to return them to their mother. Accordingly, at the instance of Guardian Judge, Lahore, a case vide F.I.R. No,312 of 2009 dated 9-4-2009 was registered under section 363, P.P.C. Against Rahmatullah Arshad (petitioner), Karamat Ullah (petitioner's father), his driver Kabir Ahmad and Muhammad Younas, the bailiff of the Court. In the meanwhile Rahmatullah Arshad succeeded in taking away the minors out of Pakistan. The police authorities despite registration qf case, could not succeed to bring back the custody of the minors. As a result of the investigation of the case Karamat Ullah and Kabir Ahmad were found by the police to be involved in the case; therefore, they approached the Court for their pre-arrest bail, which was not allowed vide order dated 18-6-2009 passed by the Additional Sessions Judge, Lahore. Attempt made by both the accused for getting pre-arrest bail before the Lahore, High Court also failed vide order dated 17-9-2009. Feeling aggrieved by the judgment of High Court, said Karamat Ullah filed Criminal Petition No,686 of 2009 before this Court, which was dismissed vide order dated 20th October, 2009. Operative paras therefrom are reproduce hereinbelow:-- "On having gone throug Additional Sessions Jud the considered opinion mala fide has been poi commission of offence. The courts below have bail. The contents of the F.I.R., order of the e as well as the High Court, we are of t in terms of section 498, Cr.P.C. Noted out in involving the petitioner in the Therefore, under the circumstances both rightly declined to grant him pre-arrest ' It is equally important to note that the learned High Court rejected his application on 17th September, 2009 but the petitioner remained fugitive and now has approached this Court after a period of one nonth without surrendering before the police. Even when we look from this angle, no other conclusion can be drawn except that the petitioner is involved in the case and as such he is adop ing the delaying tactics for one or the other reasons. Thus, h is not entitled for grant of pre- arrest bail."
' During hearing of the petition it was noticed that the minors named hereinbefore had been taken to Dubai by Rahmatullah Arshad along with his another wife Zohra Rubi, as such following directions were made:- "As far as the recoveryof the minors is concerned, a separate Suo Motu case be registered and notice be issued to DG. FIA for taking all necessary steps. Information in this behalf including F.I.R., orders of Additional Sessions Judge, the High Court and this court be sent by the office to him. Mst.
Tahira Jabeen, complainant shall also cooperate with the DG. FIA Adjourned to 30th October, 2009 for progress."
3. Registration of Suo Motu case was ordered in the interest of justice, keeping in view the fact that the Provincial Police Authority had failed to bring the children back and it was not possible for Mst.
Tahira Jabeen to succeed in obtaining the custody of children, FIA was involved in the matter for the purpose of effecting their recovery from outside the country.
4. On 30th October, 2009 Mr. Azam Khan, Director (Law), FIA appeared before the Court and submitted progress report, wherein it was stated that efforts would be made to bring back the minor children of the applicant. On the request of applicant, the Court directed the police to provide protection to her family. Thus, the case was adjourned to 17th November, 2009 with the direction to the PPO Punjab to file report.
5. The Additional Advocate-General, Punjab appeared in Court on 17-11-2009 and stated that request had been made to the Secretary Interior for issuance of Red Notice against the accused; hence, the Secretary Interior was directed to expedite the matter to recover the minors by issuing Yellow and Red Notices.
6. On the next date of hearing i,e, 1-12-2009 Mr. Azam Khan, Director (Law), FIA submitted a report stating therein that Rahmatullah Arshad along with minors were living in Oman and request had been sent by D.G. FIA to the Chief of Interpol of Oman for extending cooperation and assistance for repatriation of the minors and the accused. However, directions were made by the Court to the Ministries of Interior and Foreign Affairs to cooperate in expediting the matter.
7. Vide report dated 21-12-2009, submitted by Mr. Azam Khan, Director (Law), FIA, it was stated that there was no extradition treaty with Sultanate of Oman, therefore, extradition documents could not be forwarded without their clearance and demand after arrest of the fugitive. However, Mr. Khalid Mehmood, Counsellor Immigration, FIA Link Office, Muscat was pursuing the matter with Omanian Authorities. Pakistani Ambassador had also requested to Omanian Foreing Office to expedite the matter.
8. On 1-2-2010 Mr. Azam Khan submitted a report stating therein that fake passports obtained by Rahmatullah Arshad had been cancelled and Government was trying its best to trace the accused.
He submitted that Ambassador and Mr. Khalid Mehmood, Counsellor Immigration met H.E.
Mohammad Bin Yousaf Al-Zarafi, Under Secretary for Foreign Affairs and explained the whole case, especially mentioning the directions of the Supreme Court of Pakistan. He requested for some more time giving assurance to the Court that the accused would be traced and apprehended soon. Meanwhile the properties belonging to Mst. Zohra Rubi, wife of accused were attached as it was informed by the Additional Advocate-General on 11-6-2010.
9. Mr. Sher Bahadur, Legal Advisor, Ministry of Foreign Affairs submitted a report on 9-7-2010 on behalf of Manzoor-ul-Haq, D.G. (Middle East), Ministry of Foreign Affairs. In the report it was stated that Omanian Authorities had been cooperating with the representative of Pakistani Embassy and Royal Oman Police said that they were "ashamed" of not having made any progress so far.
However, our Embassy had made a request to the UAE Foreign Ministry for permission to give an advertisement in the local newspapers for ascertaining the whereabouts of Mr. Rahmatullah Arshad, his wife and two minor children.
10. Thus, on different dates of hearings Mr. Sher Bahadur, Legal Advisor, M/o Foreign Affairs, Mr. Zafarullah Khan, D.G., FIA and other officers belonging to same agency; particularly, Hussain Asghar, Director as well as Muhammad Azam Khan, Director (Law) remained involved. Persistently, they continued their efforts with deep interest, seeking aid of the ministry of Foreign Affairs as well the Consulate in Dubai as per the direction of this Court and ultimately their honest efforts delivered fruits and they succeeded in locating Rehmatullah Arshad along with the above-named two kids, residing in Sharjah. In the meanwhile local police through P.P.O. Punjab accelerated their efforts as per the direction of this Court to find out any clue about the matter and also to proceed the matter in respect of the criminal case which was registered against him, during course whereof, he was declared proclaimed offender, therefore, they were asked to proceed as regards the property, if any, owned by him.
11. At last, with coordinated efforts of the D.G., FIA, Interior Ministry and Ministry of Foreign Affairs, Government of Pakistan, which also involved the Government of UAE over there, the authorities succeeded in effecting the recovery of both the minors and in this behalf submitted a report.
Initially, that report was kept secret, however, since the minor children have been recovered and they have been brought by Hussain Asghar, Director NCB, Interpol from Dubai/Sharjah, the report is being made part of this order as reproduced hereinbelow:-- "1. In compliance with the orders of the honourable Supreme Court of Pakistan, DG/FIA constituted two teams, one operating in UAE and Oman and the other at FIA Punjab, Lahore to make all possible efforts for tracing out the missing minors and Rehmatullah Arshad along with his wife Zahra Ruby.
2. Due to personal efforts of Director General FIA and his team, especially Mr. Hussain Asghar, Director NCB INTERPOL Islamabad. The children of Mst. Tahira Jabeen namely Sameen Arshad and Muhammad Nooran have been traced out and taken into custody today on 29-7-2010. The children are being moved from Sharja to Pakistan Consulate, Dubai, UAE by Mr. Hussain Asghar.
' DG/FIA has made a request to Consulate-General, Dubai, UAE to immediately arrange Emergency Passports of the children, so that they could be repatriated to Pakistan for producing before the apex Court.
4. FIA gives an assurance to the honourable Supreme Court of Pakistan that the directions given to the Agency by the apex Court, shall be given highest priority for compliance, please."
12. Similarly, P.P.O. Punjab has also submitted a report, according to which following steps were taken for effecting the recovery of the minor childrens:--
(i) The Revenue Department was again requested to report regarding property of accused/P.O.
Rehmat Ullah Arshad, whereupon the concerned Patwari reported that there was no property in the name of the accused/P.O. However, property is existed in the name of the father of the accused, brother and sisters.
(ii) Moreover, a request was also made to LDA for identification of any property in the name of Rehmat Ullah Arshad absconding accused/P.O. The LDA Authority in response has reported that no property exists in his name but they have identified the property in the name of Mst. Zuhra Rubi (his wife).
(iii) Property i,e, House No,179, Block D-II, Guishan Ravi Housing Scheme, Lahore was traced out and found in the name of accused/P.O. Zuhra Rube w/o accused/P.O. Rehmat Ullah Arshad.
Proceedings under section 88, Cr.P.C. Have been got initiated against accused/P.O. Zuhra Rubi, which are pending in the court of Mr. Naveed Akhtar, Learned Judicial Magistrate, Section-30, Lahore, who has ordered for attachment of the property. The order of the learned court has been brought into the notice of the Revenue Authorities restraining them from further transfer it to any body without the permission of the court. Attachment process will be complete in due course of time under the law.
(iv) Thorough checking of Nadra record is being made in the light of I.D. Cards of the accused/P.O.
Zuhra Rubi in order to ascertain the whereabouts and antecedents of her sisters, brothers, parent and other family members inter se.
(v) Bank Accounts of the accused/P.O. Mst. Zuhra Rubi were searched and the following two Saving Accounts were found in her name:-
(i) Bank Al-Habib Limited, Gulshan-e-Ravi Branch, Lahore (Account No,0039-0071-0000-60-01-9)
' This account is being maintained by accused since 19-1-2006 and the credit balance is Rs,8,51,748.25 (Rupees Eight Hundred fifty one thousand and seven hundred forty ,eight and paisa twenty five only) as at[the close of business on 27-7-2010.
' This account is blocked till further orders by the Court.
(ii) Bank Al-Habib Limited Shahra-e-Qaid-e-Azam, Lahore Main Branch (Account No,0002-0072- 065392-75-8), ' This account in the state of dormancy with current balance of Rs,2539/04."
13. As pointed out hereinabove, it is evident that Zafarullah Khan, D.G., FIA, Hussain Asghar, Director, NCB, Interpol, Azam Khan, Director (Law) and Mr. Sher Bahadur, Legal Advisor, M/o Foreign Affairs took personal interest in effecting recovery of minor children with cooperation of the Secretary, Ministry of Foreign Affairs as well as the functionaries of the Government of U.A.E. And Oman to bring back the children and further proceed against the accused persons, particularly in the circumstances where property belonging to accused has been traced by the police of the Punjab as per the report of Mr. Tariq Saleem Dogar, P.P.O., Punjab and since Mr. Hussain Asghar, Director, FIA has informed us that a good number of oil tankers belonging to Rehmatullah Arshad in his oil business with his brother-in-law and the godowns have been sealed and ultimately Zohra Rubi who claims herself to be the wife of Rehmatullah Arshad brought forth the children and handed over to the authorities over there, we express our thanks to all these authorities particularly the FIA authorities including Khalid Mehmood, S.P., FIA posted in U.A.E. As well as the functionaries of Ministry of Foreign Affairs who have shown respect/honour to the orders/ directions of this Court facilitating deportation/extradition of both the minors, now flown from Dubai in the company of Hussain Asghar, Director, FIA and produced today in the Court. They have been received by Mst.
Tahira Jabeen who is also present and according to the law, she is entitled to retain their custody subject to the decision of the Guardian Judge. We are also thankful to Mr. Tariq Saleem Dogar, P.P.O. Who had, too, taken personal interest in tracing out the property of wife of Rehmatullah Arshad and while so expressing we observe that he shall also take like steps to ensure that with the cooperation and coordination of D.G., FIA bring back the culprits whosoever are involved in the cases so that they may face trial, which will send a loud and clear message that no one is above the law whosoever he may be and shall be dealt with sternly if he violates the law of the State.
Children have been handed over to Mst. Tahira Jabeen in the Court and she is allowed to take them back to Lahore. P.P.O. Punjab is directed to provide her protection if need be against any mischief. The case is disposed of accordingly.