' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Mst. Bibi Fatima, a lady who belongs to Tajikistan contracted marriage with one Abdullah (Abdul Rehman). Out of their wedlock Bibi Mariam was born. Marriage was dissolved and her husband along with two other persons namely Attaullah and Moladad statedly removed from her custody the minor Bibi Mariam on 13th July, 2008 on gunpoint.
Efforts made by her for effecting recovery of the minor could not succeed though petitioner approached the Prime Minister of Pakistan and other authorities. Application so submitted to the Prime Minister was also endorsed to this office, which was treated as Human Right Case. It transpired that no legal proceedings were initiated by law-enforcing agencies as Mst. Bibi Fatima on having been disappointed as the daughter was not recovered, left Pakistan for Tajikistan and when she came back, started pursuing her application. Accordingly a criminal case under section 335/34, P.P.C. Vide F.I.R. No,35 of 2008 was registered against Abdullah and others.
2. The accused, who is also father of Bibi Mariam was allegedly involved in abduction of his daughter along with others but no proceedings were initiated against him, however, vide order dated 14th May, 2009 necessary directions were issued to the Secretary Interior and Secretary Foreign Office to submit report. Accordingly efforts were made by the Police Administration and F.I.A. To cause the arrest of Abdullah and to recover Bibi Mariam. Thus, the authorities succeeded in arresting Abdullah from Iran wherefrom he was extradited to Pakistan but Bibi Mariam could not be traced out and in this manner despite efforts of the police as well that of F.I.A., no progress was made. However, ultimately police and F.I.A. Accelerated their efforts and succeeded in effecting the recovery of Bibi Mariam and bringing her back to Pakistan. On 5th, October, 2010 this Court passed the following order:-- ' Mr. Azam Khan, Director Law, F.I.A., has submitted a report on behalf of Director General, F.I.A.
Wherein a message from NCB INTERPOL Tehran has been reproduced. For convenience the same reads as under: "Ref is made to massage number AA/23 (IR-O) NCB 2009 dated 2-7-2010 and further to message number 010/48907/3420, please be advised that after conducted investigation by our specialized police a/m child has been identified and our judicial authorities, due to increase bilaterial cooperation between two countries have decided to repatriate a/m subject to Pakistan through border. You are kindly requested to announce us as soon as possible the delegate of your NCB as well as the date and place where you can take the a/m person in the border and because the a/m subject is child, it is better her parent to be present at the border while delivering the child."
' Mr. Azam Khan further informs that Mst. Maryam, daughter of petitioner Fatima is likely to be delivered to F.I.A. Authorities at Taftan Check Post of Pak-Iran border, therefore, Mr. Aamir Abbas, Inspector F.I.A., has been deputed to coordinate with and assist the team of Crimes Branch Balochistan, Quetta headed by DSP Mr. Rafiullah. Shah for the handing/taking over of Bibi Maryam at Pak-Iran border, Taftan.
(2) In response to notice petitioner has also appeared and states that she be also allowed to be present at Taftan at the time of delivery of minor Mariam. It is to be noted that minor is stated to be of 9 years female child who was forcibly taken out from Pakistan to Iran by petitioner's former husband Abdullah Zehri who is presently confined in District. Jail, Quetta. However, as petitioner being mother of the child, prima facie, has first right to retain her custody, it is considered appropriate that she should also be present at the border at the time of handing over custody of the minor and DSP Rafiullah Shah, after taking custody, shall produce minor in presence of petitioner before this Court on 8th October, 2010. Petitioner who has obtained a Passport No,AZ8458951 from Pakistan has agreed to deposit the same with the F.I.A. Accordingly, Mr. Azam Khan, Director (Law) has received both the passports i,e, belonging to the petitioner bearing No, AZ8458951 and her daughter Bibi Mariam, bearing No,AR0997621. As the petitioner is resident of Tajikistan but according to her she is living in Pakistan for the last 19 years and possibility of a dispute of custody of the minor cannot be over-ruled, petitioner is directed not to take the minor Mariam Bibi outside the Pakistan and Director Law may request to the Interior Ministry for placing her name on ECL.
(3) Notice to Mr. Rehmatullah Khan Niazi, D.I.G. Crime, who is looking after this case, be also issued with direction to appear and produce Abdullah Zehri, former husband of the petitioner and father of minor Mariam Bibi, in safe custody, before this Court on the next date of hearing."
3. It would not be out of context to note that Mr. Azam. Khan, Director law, F.I.A. Along with other members of the team and Rehmatullah Niazi, DIG (Crimes), Quetta succeeded in achieving the object and custody of the minor girl was received at Taftan on 6th October, 2010 from where she was brought to Islamabad and was handed over to the petitioner in Court on 8th October, 2010 and the matter was disposed of by means of short order, which reads as under:- "In pursuance of order, dated 5-10-2010 minor Mariam has been handed over to a team of Provincial Police headed by Rafiullah Shah, D.S.P. (Crimes) and Amnir Abbas, Inspector F.I.A. At Taftan Border. On the last date of hearing, two passports of petitioners and her daughter being Nos.AZ8458951 and AR0997621 were handed over to Mr. Azam Khan, Director (Law), the same have been submitted and ordered to be deposited with the Registrar of this Court. According to Director
(Law) the names of Mst. Fatima and Mariam minor, who has been produced in the Court, has been kept on E.C.L. As far as Mst. Fatima is concerned, her name is not required to be kept on E.C.L. But so far Mariam minor is concerned she will not be removed by her, therefore, the order of keeping their names on E.C.L. Be corrected accordingly. In the meanwhile, if Bibi Fatima wants to leave Pakistan, she has to apply to this Court for the return of her passport. Abdullah Zehri, former husband of the petitioner, produced in custody, his case has been challaned, however, the Court seized with the same shall be free to consider his request for his release on bail. Thus subjected to reasons recorded later, instant petition is disposed of.
(2) We place our appreciation and thanks for Mr. Rehmatullah Niazi, D.I.G. (Crimes), and Mr. Muhammad Azam, Director (Law) along with his team who made relentless efforts for implementing the orders of the Court as initially with the intervention of both the agencies Abdullah Zehri who had left Pakistan with the child was brought to Pakistan and was subjected to the relevant provision of law. And now the minor, daughter of the petitioner and Abdullah Zehri has also brought back otherwise it was a very difficult task and without their efforts it was not possible to achieve the object. We are confident that in future our law-enforcing agencies shall continue discharging their duties in the same manner, there should never be any difficulty to enforce the orders of the Court within as well as outside the country. Needless to observe that Abdullah Zehri who is the father of Maryam minor shall be tried and his fate shall be decided independently without being influenced from the present proceedings and in accordance with the law. He is also not to be deprived to claim the custody of the child by instituting proceeding in the Court of law.
(3) The observations made in favour of police officers and official of F.I.A. Shall be placed on their service record. Abdullah Zehri is ordered to be taken back to the judicial lock-up Quetta for facing trial in accordance with the law."
4. It is not the first case of its nature where this Court had exercised jurisdiction under Article 184(3) of the Constitution because in some other cases as well identical complaints were received where the minor children were forcibly removed from Pakistan to outside the country. In this behalf readily reference to the case of Mst. Tahira Jabeen in S.M. Case No,19 of 2009 may be made. In this case after dissolution of marriage between the husband and wife the minors were in custody of the mother Mst. Tahir Jabeen and the father who was allowed to meet with his minor children, managed to run away from Pakistan with them and ultimately matter came up before this Court during hearing of the proceedings of Criminal Petition No,686 of 2009. However, as the mother of the minor Mst. Tahir Jabeen complained about non recovery of her minor children who had been taken outside Pakistan, therefore, on involving local police as well as F.I.A., the Court succeeded in getting its order implemented. Another case of identical nature is waiting for final adjudication where two suckling children were allegedly removed by the father from custody of the mother and were taken to outside the country.
5. This Court do experience variety of the cases where violation of fundamental rights of the citizens are noticed and the efforts are made to grant them relief but the more painful cases in this behalf belong to the category where police authorities show their inability to extradite the minors from outside the country; may be for some strong reasons in exceptional cases but ordinarily the lower Courts enjoying equal jurisdiction for enforcing the orders i,e, to make direction for bringing back the minors from outside the country either under section 491 Cr.P.C. Or under Article 199 of the Constitution, if the matter is brought before learned Sessions Judges or the High Courts respectively, despite exercising jurisdiction the result are not achieved for not any other reason except that the law enforcing agencies abstain from involving itself fully with the commitment in effecting recovery of the minors.
6. Inasmuch as cases of abduction of the minors or womenfolk within country are increasing day by day and no progress is made. Police authorities which are primarily responsible to enforce the law somehow seems to be reluctant to do so whereas F.I.A. Do take interest and also succeeds in obtaining object only in the cases where directions are made by the Superior Courts otherwise at the stage when the matter is under investigation before the police they also fail to show much interest in such like cases. In Pakistan the Courts and all the institutions have to work under the provisions of law and the Constitution and no sooner a case is registered, law enforcing agencies are required to take full interest and involve all the concerned authorities for the purpose of concluding the investigation of the case in just and proper manner,
7. In the case in hand a lady who belongs to foreign country i,e, Tajikistan had contracted marriage in Pakistan with a local person of district Kharaan and when tie of marriage is dissolved, she could not get relief from the local administration or police authorities except directly approaching to the office of the Prime Minister or this Court. The impression given in such-like cases by such agencies creates a negative impact on the system of administration of justice as it is not only for the Courts to administer the justice but the authorities like police and F.I.A. Are equally responsible for the same. For every litigant it is not possible to invoke the jurisdiction of this Court for redressal of their grievance, therefore, law-enforcing agencies at the gross root level should realize their duty with full commitment instead of waiting for directions from the superior courts to do the needful.
Lengthy proceedings drawn by this Court indicate that police as well as F.I.A. Were activated along with civil administration for redressing the grievance of the petitioner Mst.Bibi Fatima by issuing directions time and again, whereas it would have been ideal situation if the grievance of the petitioner should have been redressed at the stage when the investigation was going on. Although this case has been decided but we hope that in future the authorities realizing their duty shall take interest in the disposal of the cases expeditiously entirely in accordance with law and not for extraneous consideration.
8. We have earnest desire and hope that law-enforcing agencies with full zeal and commitment shall make efforts to extend relief to the aggrieved persons at the preliminary stage of the happening of an incident instead of waiting for direction of the Court of law to put the machinery into motion. Human Right case stands disposed of accordingly.