FAHIM AHMED SIDDIQUI, J. This petition was originally filed under. Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 but it was converted into Criminal Misc. Application under Section 491, Cr.P.C. after hearing the petition at length on several dates of hearing as has been done in the case of Shanza Ali v. Aamir Shujaat and 2 others reported in 2017 MLD (Sindh) 427.
2. This matter is of some considerable importance in itself as it raises a question that needs very careful consideration and, therefore, it is necessary to refer to the relevant facts in some detail. The relevant and material facts of the case as pleaded in the instant petition are that the petitioner is by profession a doctor and working as a Medical Officer in a Government hospital. It is further pleaded that the petitioner was married to respondent No. 4 and Nikah was performed in the year 2001 and Rukhsati took place in January 2007. It is further pleaded that from the wedlock, daughter Aina Asif was born on 01-12-2007 and second daughter Aiman Asif was born on 20-03-2010. It is further pleaded that at the very initial phase of their wedlock, the petitioner noticed that respondent No.4 was prone to severe mood swings, minor things could bother him to an extreme level, major things would elicit no response and he also kept a separate bathroom for himself and stayed away from the petitioner often, which she could not always comprehend. It is further pleaded that the real turn in the behavior of respondent No. 4 emerged when the petitioner discovered weed in his clothes and he realized that the petitioner had learned of his addiction as she had thrown what she had found in the bin. It is further pleaded that it was after this that the true mental derangement of respondent No. 4 was revealed and he subjected the petitioner to increasing levels of inhuman behavior, and test the limits of how far the petitioner could tolerate being controlled and subjugated. It is further pleaded that respondent No. 4 would physically and verbally abuse the petitioner and beatings at his hands were severe and often he would drag the petitioner by her hair all around the house whilst beating her and she was subjected to such torture even after the minor daughters were born and even in their presence without thinking about the trauma that witnessing such violence can have on the mental state of children. It is further pleaded that after the birth of the first minor girl, respondent No. 4 essentially made the petitioner a prisoner inside their marital abode. It is further pleaded that to escape the constant mental torture of respondent No. 4, the petitioner had no other option but to apply for a job in Karachi so that she could return to her parents' house and support herself and the minor children as it was increasingly necessary since the respondent No. 4 in all years of marriage, till date has never done a job and it was clear that as soon as the minor girls would need schooling, it would fall on the shoulders of the petitioner to bear the financial responsibility. It is further pleaded that at the beginning of the year 2014, the petitioner received confirmation of appointment as Medical Officer from the Government of Sindh, immediately thereafter, she managed with the help of her father to shift to Karachi along with minor daughters and started staying at her parents' residence. It is further pleaded that respondent No. 4 came to know and would sit outside the apartment building the entire day, causing a ruckus, hurling abuse at her and also harassing the servants to give them constant updates about the petitioner and when the petitioner frustrated with his constant harassment, stepped outside and informed him that she would only live with him .again if he would see a psychiatrist and soon thereafter would seek employment in Karachi till then she would have the support of her parents. It is further pleaded that after several months of theatrics outside the petitioner's parents' home, respondent No. 4 for the first time visited Dr. Haroon Ahmed, a consultant psychiatrist at Hilal-e-Ahmer Hospital in Karachi, who confirmed that respondent No. 4 was suffering from serious mental ailments and had addiction problems, which exacerbated his instability but the respondent No. 4 did not follow through with the treatment regimen, as advised by the doctor and did not attain the various blood tests that he was required to. It is further pleaded that once the petitioner began living with respondent No. 4 again very shortly it became very clear that he would not seek any further help for his mental issue and reverted to his controlling ar d obsessive ways and constant accusations of the petitioner being a woman of bad character and this was eventually what led to be complete separation between them due to the harassm ents and threats being given by the respondent No. 4 to the petitioner. It is further pleaded that the petitioner informed respondent No. 4 that she could no longer take his abuse and wanted him to leave and divorce the petitioner immediately. It is further pleaded that respondent No. 4 subjected the petitioner to a severe beating after which he snatched the minor daughters whilst she begged and beseeched him not to be in no condition (after the beating) to stop him physically or fight for herself, whereafter, the respondent No. 4 took the children with him and went away and while leaving, the respondent No. 4 threatened with dire consequences if the petitioner approached the police, any Court of law or took any action against him or tried to take the minor girls back from him. It is further pleaded that the petitioner was taken home by her parents the next day, who also took her for medical treatment due to the injuries she sustained at the hands of respondent No. 4 at the time of snatching of the children for which she made complaints to the concerned Police Station and also sought protection, whoever, the same has been to no avail. It is further pleaded that due to his psychotic nature, respondent No. 4 has not even been sending the minor daughters to their school, owing in part to his irresponsibility but more so just to keep the minor children. away from the petitioner. It is further pleaded that the petitioner apprehended that the minor girls are being subjected to the same treatment of a prisoner as she was subjected to whilst living with respondent No. 4 in Hyderabad. It is further pleaded that respondent No. 4 is completely incapable of taking good care of the minor children especially with drug addiction and without any source of income. It is further pleaded that in April 2017, respondent No. 4 came over to the house of the petitioner's parents, took aside their driver snatched his mobile phone, and threatened to subject him to severe violence if he did not give him a daily update of the petitioner and he then entered his number into the driver's phone and used to call him and text messages ever since seeking information of the petitioner. It is further pleaded that afraid of such threats, the petitioner approached this Court for protection since she feared for her life and the police were not cooperating either due to the influence of respondent No. 4 by filing Const. Petition No. S.-812 of 2017; wherein, this Court directed the official respondents to provide protection to her vide order dated 19-04-2017. It is further pleaded that having no other alternate remedy for the recovery of the children, who were snatched away illegally by respondent No. 4, the petitioner filed this petition; wherein, the petitioner prayed for production of both the minors and handing over their custody to the petitioner.
3. I have heard the learned counsel for the parties in this petition along with Cr. Misc. Application No. 211 of 2019 on several dates and finally on 10.07.2021 as per directions of the Hon'ble Supreme Court of Pakistan in order dated 26.02.2021 and ve;y carefully perused the material available on the record.
4. This petition was filed on 24.04.2017, which was placed on the same day, and this Court by order dated 24-04-2017 ordered notice to the respondents with direction to the respondent No. 4 to produce both the minors on the next date without fail and the petition was adjourned to 04-05- 2017.
5. On 04-05-2017, neither respondent No. 4 appeared nor he produced the custody of the said two minors, therefore, this Court directed the SHO of Police Station Azizabad, F.B. Area to ensure the recovery and production of the minors before this Court on the next date of hearing without fail and adjourned this petition to 26-05-2017.
6. On 26-05-2017, Dr. Salim Ahmed Baloch, brother of respondent No.4 filed application under Section 7 read with Sections' 12 and 25 of the Guardians and Wards Act. Station House Officer of Police Station Azizabad filed a Statement that he went to the given address where no one resides on the first floor and only two servants were present, therefore, minors were not recovered and the petition was adjourned to 07-06-2017.
7. On 07-06-2017, this Court passed the following Order in this petition:- "Today neither the respondent No. 4 appeared nor both the minors are produced. However, Mr. Ghulam Sarwar Thebo, Advocate, appeared on behalf of Dr. Saleem Ahmed Baloch, who claims to be brother of respondent No. 4 stated at Bar that respondent No. 4 is not residing with his brother Dr. Saleem Ahmed Baloch, who is not aware even the whereabouts of the respondent No. 4 and pressed his application which was filed on the last date of hearing i.e. 26-05-2017. I have gone through the contents of the said application, which is ex-facie misconceived and not maintainable for the reason that Dr. Saleem Ahmed Baloch is not a party in the instant petition, which is accordingly dismissed. It is a matter of surprise that Dr. Saleem Ahmed Baloch, being the brother of the respondent No. 4 is not aware of the whereabouts of respondent No. 4. The learned counsel for the petitioner files statement, wherein, CNIC number and mobile numbers of the respondent No. 4 have been provided. I have noticed that the conduct of the concerned SHO is not fair and he failed to perform his official act by not recovering both the minors. In these circumstances, the concerned DIG of Karachi-East and Karachi-South are directed to locate the respondent No. 4 on his mobile Nos. 0300-8004869, 0332-2662242 and 0332-2662243 and CNIC No. 42000-1080131-9 in any manner as they deem fit and recover both the minors and hand-over their interim custody to the petitioner, who is the mother of both the minors. The petitioner is directed to produce both the minors in Court on the next date of hearing if interim custody of both the minors will be given to her by the concerned DIG before the next date of hearing. The concerned DIG are directed to give full protection to the petitioner, who apprehends dire consequences from the respondent No. 4 and his family. In case of non-compliance of this Order, the concerned DIG or concerned SSP are directed to appear in person, and file detail report in Court on the next date of hearing. This petition is adjourned to 16.06.2017 at 11:30 A.M."
The office is directed to send copy of this order immediately to I.G. Sindh and Secretary, Government of Sindh, for immediate compliance."
8. The aforesaid order dated 07.06.2017 was complied with and a report was submitted to this Court, wherein, it is stated that during the raid a person came and introduced himself as Mr. Javed Ahmed Baloch and informed that he is the Judge of ATC Court (presently District Judge, Thatta), who at the time of the raid, became angry and used harsh language and also threatened police officials and then made calls to some persons and then went away inside the house.
9. SSP South submitted his report along with CDR of respondent No. 4 on 16-06-2017 in this Court, wherein, it is stated that most frequent calls were made to Mr. Javed Ahmed Baloch (presently District Judge, Thatta) from the number registered in the name of respondent No. 4 and the location was also tracked, which was shown as Block 10, Karachi.
10. One Javed Nisar then filed Criminal Misc. Application No. 539 of 2017 before the learned Sessions Judge, Malir-Karachi, which was allowed by order dated 23-06-2017 passed by Mr. Shafi Muhammad Pirzada, In-charge Sessions Judge, Malir Karachi and then FIR No. 198/2017 was lodged at PS Airport on 29-06-2017 against the police officials (who complied with the order of this Court) and the father and driver of the petitioner. Later on, statements of Javed Nisar, Dr. Saleem Ahmed Baloch, and Mr. Javed Ahmed Baloch (presently District Judge, Thatta) were recorded under Section 161, Cr.P.C.
11. This Court took notice of the aforesaid facts and directed the office to call report from the learned Sessions Judge, Malir, as to how and why he passed an order for registration of FIR against police officials, who were conducting raids on the direction of this Court by order dated 11-07-2017. Since the learned Sessions Judge, Malir, did not send his compliance report, the learned MIT-If was directed to call a report from the learned Sessions Judge, Malir, by order dated 10-08-2017.
12. The matter does not end here but I have to take judicial notice of the fact that after registration of the said FIR, the police officials failed to take serious efforts to recover both the minor girls, perhaps they are afraid of Mr. Javed Ahmed Baloch, who is presently District and Sessions Judge, posted at Thatta, which fact is evident from the following orders passed from time to time in this petition:- i) By Order dated 10-08-2018, minor children were considered as missing children and JIT was formed for tracing out their whereabouts and Home Secretary was directed to form JIT comprising responsible officials of Police, FIA and ISI; ii) By Order dated 21-01-2019, it was observed that JIT failed to understand the object or they have deliberately avoided to comply with the directions. Accordingly, SSP South shall ensure production of minors on next date and in case of failure he shall appear in person with explanation; iii) By Order dated 13-02-2019, SHO Police Station Frere Town was directed to provide complete protection to the petitioner. It was further directed that AVCC shall provide every assistance to SSP South and concerned police/police team would be competent to approach concerned Magistrate with the permission of District and Sessions Judge, who shall ensure to join/supervise with concerned team of such raid; iv) By Order dated 02-04-2019, SSP South was given last chance to recover minors and in case of failure contempt proceedings can be initiated against the delinquent officer; v) By Order dated 19-04-2019 it was observed that law itself provides a complete mechanism for conducting raid/search of a place, hence if such course is, per law, same cannot be said to be a harassm ent; vi) By Order dated 24-05-2019, it was observed that prima facie AVCC has lost trust and, therefore, contempt notice of non-compliance of Order dated 19-04-2019 was issued to SP AVCC; vii) By Order dated 30-05-2019 Anti-Human Trafficking Unit, FIA as well as any representative of ISI would be involved in JIT. Accordingly SSP AVCC, Additional Director FIA Anti-Human Trafficking Unit Karachi and officer not below the rank of Major/AD to be nominated/ assigned by Director ISI to probe the issue and highly competent committee shall use all efforts with modern technology and ensure recovery of minors; viii) By Order dated 09-07-2019 office was directed to send copies of all the orders passed in the instant petition so far to the Secretary of Interior, Government of Pakistan with direction to furnish a report after checking all the exit points of the country whether the minors as well as respondent No. 4 has succeeded in going out of Pakistan and if so then requisite letters should be issued to the Interpol. Office was further directed to also send copies of all the orders passed in the instant petition so far to the Law Secretary, Government of Sindh as well as the Law Secretary, Government of Pakistan, to take action in this respect; ix) By Order dated 31-07-2019 it was observed that since JIT was constituted earlier as is apparent in the earlier Orders, JIT and all the departments involved in the matter have failed to recover respondent No. 4 and both the minor girls. Therefore, JIT was reconstituted and relevant directions were also issued; x) By Order dated 19-03-2020, it was directed to the Home Department to constitute a new JIT, who was directed to complete the task regarding recovery of the said missing minors as well as to trace out their father and it was also ordered that JIT is empowered to take every possible efforts/steps regarding recovery of the said missing minors as well as tracing out their father.
13. Later on, the Hon'ble Supreme Court of Pakistan by Order dated 26.02.2021 passed in Civil Petition No.1434-K of 2020, which transpires that C.P. No. D-5839/2019 shall remain stayed in the meanwhile and the Order dated 14-10-2020 passed therein shall be kept in abeyance. Apart from this, in the said Order the Hon'ble Supreme Court of Pakistan has declared both the minors as alleged abductees and directed JIT to take effective steps for the recovery of the said two minors/alleged abductees and file a report before this Court and also a copy thereof before the Hon'ble Supreme Court of Pakistan. It is very essential to reproduce some observations of the Hon'ble Supreme Court in the said Order, which are as follows:- However, this is a matter pertaining to the life and liberty of two minors, whose mother is the petitioner before us as well as the complainant in the FIR registered with respect to the alleged abduction of those minors. Moreover, the terms of the interim order which is reproduced above are capable of being construed as imposing a complete restraint upon the JIT. In the light of the importance of this matter, the peculiar circumstances of this case, which allegedly include the influence of a person serving in a concerned institution of the state, we for the foregoing reasons, order as follows:- i) The C.P. No. S-854 of 2017 filed by the petitioner shall proceed to be heard and decided. The progress in the matter of recovery of the alleged abductees by the JIT shall be reported to the learned Bench of the High Court that is hearing that matter. ii) The Inspector General Police Province of Sindh shall cause the JIT to take effective steps for the recovery of the two minors/alleged abductees and file a report before the Sindh High Court in C.P.
No. S-854 of 2017 on or before 31-03-2021 for perusal and further directions. A copy of that report shall be filed before this Court for presenting the same before the Senior Member of the Bench for perusal in Chambers. iii) ......................................... iv) The names of the minors/ alleged abductees are already placed on Exit Control List vide Order dated 10-07-2017 by the learned High Court. These shall remain on the said list till further orders."
14. In pursuance of the aforesaid Order dated 26-02-2021 passed by the Hon'ble Supreme Court of Pakistan, Mr. Muhammad lmran Mirza, PSP, Superintendent of Police, Investigation South, Karachi, submitted the Progress Report of JIT, which is very important for the decision of this petition and, therefore, it is essential to reproduce some of the important paragraphs of the said report, which are reproduced as under:- "9. It is pertinent to mention here that after perusal of investigation conducted so far and facts narrated by the parties a prudent man would conclude that Asif Ali has hidden or undergrounded himself, instead of missing along with his two minor daughters, to keep them away from their real mother, due to............. "
"11 (B) ................... This delay and lapse shows unusual satisfaction on the part of Asif Baloch family as if they know whereabouts o" Asif and his children and are involved in their hiding."
"(D) .................
01. About one year ago, on the-request of Dr. Mahreen, accused Fazal. contacted Javed Baloch and discussed the matter regarding recovery of missing Asif and his children, who said that if Mehreen Baloch withdraws her cases and observation of their mobile phones is removed then he along with others will search missing Asif and his children. During investigation, he also disclosed use of secret numbe'rs (0313-8985218, 0318-1049249 0311-3872154, 0318-1013775) by him and Dr. Saleem Baloch and others for discussion about missing Asif Baloch and his daughters to avoid observation.
2. He further disclosed that about one year ago, Dr. Saleem Baloch brother of Asif Baloch told him that he had to proceed Punjab to see Asif and minor girls.
3. He further disclosed that about 6 months ago, while he was at house of Dr. Saleem located at Federal-BArea Karachi to see his ailing mother; Dr. Saleem requested him to pray for health of Asif and his children, as the family with whom they were residing, had been affected by Covid-19. It means that Dr. Saleem knows about the place and people, where and with whom Asif and his minor girls are residing."
"(M) On 24-05-2021. Accused persons namely (1) Dr. Saleem Baloch son of Dawood Ahmed Baloch
(2) Tariq Ahmed Baloch son of Dawood Ahmed Baloch (3) Muhammad Idrees Kakipoto obtained bail before arrest from Hon'ble Sessions Judge and joined the investigation. On 26-05-2021, the Hon'ble Court confirmed the bail of all accused persons mentioned above. The act of above- named persons regarding obtaining bail before arrest shows their suspicious involvement in the case directly or indirectly."
"(N) 05 On 29-05-2021, the status of fake numbers 0313-8985218 (subscriber Abbas but in use of Javed Baloch) 0311-3872154 (subscriber Ameer Bux but in use of Fazal Hussain) 0318-1049249 (subscriber Atta Muhammad but in use of Dr. Saleem Baloch) and 0318-1013775 (subscriber Samina MoM but in use of Idrees Kakepoto) was checked. It was found that all 04 numbers were switched off in March 2021 after the arrest of accused Fazal Hussain, which further collaborates that these fake numbers were used by accused persons 1-Javed Baloch 2-Fazal Hussain 3-Dr. Saleem Baloch and 4-Idrees Kakepoto for the discussion about missing Asif Baloch and his minor daughters, which is already proved by pattern analysis report of these numbers."
"(O) Up till now, JIT had been working on this case from various aspects in close liaison with sister agencies for the recovery of missing Asif Baloch and his minor daughters and has reached to this concrete conclusion that starting from the delay of 02 years 05 months and 26 days in filing of C.P. vide No 5839/2019, casual behaviors of family members before JIT, interrogation of accused Fazal Hussain, the use of fake numbers for discussion about Asif and his minor daughters, the statement of real subscribers Atta Muhammad and Ameer Bux, CDRs and pattern analysis report of fake as well as genuine numbers of accused persons, switching off all 04 fake secret numbers on the arrest of accused Fazal Hussain, the Google map report generated from pattern analysis report establish active involvement of family members of Asif Baloch 1.Tariq Baloch 2- Dr. Saleem Baloch and especially 3.Javed Baloch' and their friend Idrees Kakepoto in hiding of Asif Baloch and abduction of minor daughters."
"(P) They are actively involved in this whole case and have misguided JIT, Govt. machinery and this Hon'ble Court in total disregard and violation of orders passed on 31-07-2019 by this Hon' ble Court and their Oath submitted by them in this Hon'ble High Court."
"(Q) It is pertinent to mention here that in compliance of this Hon'ble High Court Order passed on 31-07-2019, all the male family members of missing Asif Baloch have submitted Oath "regarding non-awareness of the whereabouts of Asif Baloch and non-providing financial help to him directly or indirectly, that they are not in contact with him since last 30 months through any means or person within a week time of this order". Since, the involvement and helping of family members of Asif Baloch namely Dr. Asif, Tariq Baloch and Javed Baloch in hiding of Asif Baloch and abduction his minor daughters has been established through cogent evidence, which is in a total violation and disregard of orders of this Hon'ble High Court and the affidavits submitted by them is offence punishable under Section 193, P.P.C. This Hon'ble High Court is requested to order for addition of Section 193, P.P.C. and arrest of accused persons 1-Javed Baloch 2-Dr. Saleem Baloch and 3-Tariq Baloch."
15. In view of the above discussion, it is proved that it is not a case of the missing persons but it is a case of hiding respondent No. 4 and abduction of minor girls and brothers of respondent No. 4 Javed Baloch, Dr. Saleem Baloch, and Tariq Baloch and their friends Muhammad Idrees Kakapoto and Fazal Hussain are directly involved in this regard. Apart from this, each of the three brothers of respondent No. 4 namely Javed Baloch, Dr. Saleem Baloch, and Tariq Baloch have deliberately made a misrepresentation to this Court by filing false affidavits. It is by now settled that every misrepresentation, which is made deliberately to the Court is presumed to be a fraud upon the Court. Reliance can be placed upon the case-law reported in (i) PLD 1997 Karachi 267 and (ii) 2011 YLR Note 219, p.157. Accordingly, the brothers of respondent No 4 namely Javed Baloch, Dr. Saleem Baloch, and Tariq Baloch, who have deliberately made misrepresentation by filing false affidavits, have committed fraud upon this Court.
16. It is now well-settled principle of law that the jurisdiction of Courts under the Guardians and Wards Act, 1890, in respect of the custody of minors and for recovery/production of minors under Section 491, Cr.P.C. are entirely different and there is no question of one excluding the other, overlapping the other or destroying the other in as much as there is no repugnancy between the said two provisions. The provisions of Section 491, Cr.P.C. provide efficacious and speedy relief for the release of the persons kept under illegal and improper custody. In the matters pertaining to custody of minors of tender age, this Court is empowered to issue directions under Section 491, Cr.P.C. and can pass an order regarding custody without prejudice to the right of the parties for final determination of the dispute pertaining to the custody of minors by the Guardians and Wards Court. My this view is fully supported by the case-law reported in (i) 2013 MLD (Lahore) 1640, (ii) 2014 'MLD (Lahore) 38, (iii) 2014 YLR (Sindh) 705, (iv) PLD 2014 Sindh 598, (v) 2015 MLD (Lahore) 833, (vi)
2016 MLD (Sindh) 29 and (vii) 2017 MLD (Sindh) 427.
17. In view of the above-settled principle of law, I hold that this application under Section 491, Cr.P.C. is maintainable and this Court is empowered to pass appropriate orders to ensure that the rights conferred upon the minor children are fully protected in a suitable manner in the exercise of its inherent jurisdiction. In these circumstances, it is futile to keep this petition pending when I have already heard this petition so many times.
18. Consequent to the above discussion, this petition is converted into Criminal Misc. Application under Section 491, Cr.P.C. is allowed with the following directions:- i) JIT shall now be headed by Director General, Intelligence Bureau, Islamabad, who shall be empowered to take any Department Federal as well as Provincial including IB, FIA, ISI. Rangers, Police or any other agency in JIT for tracing out Asif Baloch (respondent No. 4) and recovery of both minor girls namely Aina Asif and Aimen Asif, and a senior representative of IB shall also be a permanent member of the JIT. In his absence, Mr. Waliullah Dhell, Additional shall be the head of JIT; ii) Head of JIT shall call meeting of JIT within a week and thereafter, he shall call meeting of JIT after every fifteen days and he should also maintain minutes of meeting duly signed by all members of JIT, which shall remain fully confidential and previous record shall remain maintained In case Director General IB is unable to attend the JIT meeting in person due to any unavoidable circumstances, then he may join through Video Link; iii) Head of JIT is also authorized to add or delete any member of JIT and appoint in his place any new member as he deems fit and proper and the Home Secretary, Government of Sindh, shall immediately issue notification of appointment of such member within 3 days positively, however, the new member shall not wait for the notification and continue his work; iv) JIT is empowered to raid any place for recovery of respondent No. 4 and both the minor girls and in case of any obstruction from any person whosoever he may be, JIT shall take strict legal action against such person by lodging FIR and arrest, and, such raid does not fall under the definition of "harassm ent"; v) All JIT reports are the part and parcel of the investigation carried our regarding the hiding/missing of Asif Baloch and alleged abduction of the minor girls. In this respect, JIT is empowered to place the name(s) of any person on ECL, if needed,, and to take any action for achieving the objectives of this petition. vi) The parties, by Order dated 13.12.2019 have been restrained from lodging FIR against each other; the said Order shall continue but, if needed, they shall move application before JIT and further action shall be taken as per law on basis of JIT report; vii) The passport, CNIC and Bank Accounts of the Respondent No. 4 have been blocked, which shall continue. JIT is further fully authorized to block the passport, CNIC or Bank Accounts of any other person including family of Respondent No. 4, if required and also to call record of transactions, Bank Accounts/ Statements, travelling, mobile history etc. of all persons when needed, for which, JIT does not require prior permission; viii) JIT shall be empowered to call any person, whosoever he may be as no one is above the law, for investigation and shall record his statement and if needed, the JIT is also empowered to arrest such person if he is causing obstruction in the investigation; ix) During investigation, if it is found that the respondent No. 4 and both the minor girls are in another Province, then, JIT should immediately without delay raid and recover respondent No.4 and both the minor girls with the help of IB, ISI, Rangers, FIA, Police and any other department; x) If it is found that the Respondent No. 4 and/or minors have been shifted outside the country, then required letters be issued for recovery of Respondent No. 4 and minors to Interpol through concerned federal ministry; xi) Upon recovery of both the minor girls, their temporary custody should immediately be handed over to the petitioner after execution of a Personal Bond, who shall immediately get check-up of both the minor girls from Agha' Khan Hospital and submit their medical report to this Court; xii) After getting custody and medical checkup and psycho-analysis of the minor girls from Agha Khan University Hospital, as described in clause (xi) above, the right of Hizanat of the petitioner shall remain be with the petitioner unless a competent Court issued any further directions in this respect. xiii) Full investigation regarding FIR No. 62/2020, which was lodged by consent of parties upon the direction of this Court, shall be fully empowered to deal with the said FIR in any manner as deem fit and proper in the opinion of JIT and Investigation Officer (I.0.) shall investigate the matter under the directions and supervision of JIT and if at any stage, JIT feels that the I.O. is not properly conducting investigation then JIT is empowered to change the I.O.; xiv) In case of the persons, who got bail in the said FIR, do not cooperate with JIT, then, JIT should immediately move application for cancellation of their bail and the Court shall decide such application within a week on the basis of JIT report, after notice to the petitioner, and the copy of such order shall be forwarded to this Court through MIT and District and Sessions Judge, Karachi (South) shall monitor the case; xv) Trial Court in FIR No. 62/2020 shall, after notice to JIT and petitioner, if needed, pass well- reasoned order in view of this Judgment and Order dated 26-02- 2021 passed in Civil Petition No. 1434-K 2020 by the Hon'ble Supreme Court of Pakistan and the concerned District and Sessions Judge shall monitor the case himself and forward copy of such order to this Court through MIT; xvi) JIT shall give report regarding the whereabouts of respondent No.4 during the period from March 2017 till his recovery and who was providing financial help to the respondent No.4 and who was looking after both the minor girls during the period from March 2017 till their recovery and whether the family of respondent No. 4 including his brothers Mr. Javed Ahmed Baloch and Dr. Saleem Ahmed Baloch or any other person or relative were in touch directly or indirectly with the respondent No. 4 or not, and on basis of JIT report, I.O. shall take legal action as per law' and JIT report shall be part of the investigation; xvii) DIG and SSP South should provide full protection to the petitioner and her family, who apprehends dire consequences and the existing protection shall continue even after handing over the custody of minors to Petitioner; xviii) Perpetual warrant of arrest be issued immediately against the respondent No.4 till the minor girls are recovered and handed over to the petitioner and he be produced before this Court and copy of the same be sent to the JIT; xix) JIT should submit progress report fortnightly to this Court through MIT and also to the Hon'ble Supreme Court of Pakistan through its Registrar; xx) Home Secretary, Government of Sindh, shall issue Amended Notification for appointment of DG, Islamabad, as head of JIT, within 3 days positively and submit copy of the same to this court, JIT and also to the petitioner, but the JIT is empowered to continue its working without waiting for such Notification; xxi) Till recovery of both the minor girls and handing over their custody to the petitioner, the Chief Secretary, Government of Sindh is directed that the posting of police officials who are members of JIT shall not be changed and they should be kept on their present postings; xxii) Petitioner shall be at liberty to file application for contempt in case she feels that this Order is not being complied with properly; xxiii) Any violation of this order shall amount to contempt of Court and serious action shall be taken in this regard; xiv) JIT shall publish notice regarding recovery of minors and respondent No. 4 on print, social and electronic meaia with their photographs and all necessary identification; xxv) Petitioner is a civil servant working as a woman Medical Officer, and once she apprehended and alleged that under some influence she would be transferred to far-flung areas, so that she might not pursue the recovery of her minor daughters. In this backdrop, it is hereby directed to the Chief Secretary, Sindh and Secretary Health, Sindh that till recovery of minor daughters of the petitioner, she should not be transferred from her present place of posting without prior permission of this Court. xxvi) Registrar of this Court is directed to immediately forward a copy of this Judgment and Judg- ment in Criminal Miscellaneous Application No.211 of 2019, all upcoming JIT reports and orders, if any, of the lower/trial Courts, to the Registrar of the Hon'ble Supreme Court of Pakistan for placing before the Senior Member of the Bench in Civil Petition No. 1434-K of 2020; xxvii) Office is directed to send copy of this Judgment to the Registrar of this Court, Secretary, Ministry of Interior, Government of Pakistan, Islamabad, Chief Secretary, Government of Sindh, Law Secretary. Home Secretary, Govt. of Sindh, DGs, Intelligence Bureau (IB), Federal Investigation Agency (FIA), Inter-Services Intelligence (ISI), Islamabad/Rawalpindi, DG Rangers, Sindh, IGP Sindh, Karachi, Mr. Waliullah Dhell, Additional IGP, Sindh, District and Sessions Judge, Karachi-South and concerned SSPMalir, DIG-South, SSP-South and SSP-East immediately for compliance.
The petition stands disposed of along with all the pending applications.