SHC directs FIA to ensure Dua Zehra is not taken out of country

The Sindh High Court on Friday directed the director general of the Federal Investigation Agency (FIA) to watch over the borders of the country so that 14-year-old girl Dua Zehra could not be taken out of the country.

The directive came on a petition filed by Zehra’s father for her recovery and the cancellation of her alleged illegal marriage under the Sindh Child Marriage Restraint Act. Sindh Inspector General of Police Ghulam Nabi Memon told the SHC that he had been notified as provincial police chief and submitted a compliance report with regard to the girl’s recovery.

He said seven teams had been sent to different parts of the country, apart from three technical teams for their support. He said he had some information about the whereabouts of the girl but did not want to disclose it at this point in time, apprehending that after such a disclosure, the girl might be removed from the place where she currently was.

The petitioner’s counsel submitted that the element of human trafficking cannot be ruled out and it is feared that the girl might be taken from the country. The counsel requested the court to issue notices to the FIA and the federal government and to direct them to watch over the borders of the country in addition to ensuring liaison with the Sindh Police to recover Zehra.

A division bench, headed by Justice Mohammad Iqbal Kalhoro, observed that he assertion made by the petitioner’s counsel could not be out of context and directed the counsel to amend the title of the petition and make the federation a party in the case.

The court directed the FIA director general to watch over the boarders so that the girl was not removed from the country, and at the same time to extend active coordination and cooperation to the Sindh Police in finding her. It observed that if necessary, in order to thwart any chance of the girl being taken out of the country, her CNIC be put under surveillance.

The court was informed that the State Bank of Pakistan and the National Database Registration Authority had been approached by the Sindh Police for blocking the bank accounts and CNICs of the persons involved in the case as part of measures for the recovery of the girl.

It issued notices to the SBP and Nadra and directed the federal law officer to submit a report on whether compliance by these entities had been made or not, and observed that the focal persons of SBP and Nadra shall be appear in person along with the compliance reports.

The high court observed that since a new IGP had been posted in the province and he had assured the court of the recovery of the girl, the show-cause notice issued against acting IGP Dr Kamran Fazal and the directions issued to the secretary establishment for taking disciplinary action against him were recalled.

Petitioner Syed Mehdi Ali Kazmi submitted that her daughter Dua Zehra had gone missing after leaving the house on April 16 and a case had been registered at the police station about her kidnapping and trafficking charges.

He submitted that the police failed to file the charge sheet with the relevant magistrate with regard to his daughter’s kidnapping despite knowing the fact that the custody of his daughter, who is also a minor, was confirmed with one Zaheer Ahmed, a resident of Lahore.

He told the court that his daughter during her confinement at Ahmed’s house claimed marriage with the man at a press conference and she seemed to be afraid and under pressure. He said Zehra is 14 years of age, belongs to the Shia sect and her marriage without a Wali and in violation of the Sindh Child Marriage Restraint Act was also void and ab initio.

The court was requested to direct the police to inform the court about her whereabouts, recover her and set her free from illegal detention of her alleged spouse. The father also requested the court to direct the police to ensure her production before the court and declare the alleged marriage Ahmed as unlawful and void ab initio.