IZA NOWAK through Authorised Representative ANZ vs FEDERAL INVESTIGATION AGENCY (FIA) through Director General

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IZA NOWAK through Authorised Representative ANZ VS FEDERAL INVESTIGATION AGENCY (FIA) through Director General (DG), FIA, Islamabad S. 491---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Habitual place of residence---Custody of minors, removing of---Plea of religious faith---Respondent was father of two minors, one son and one daughter, born from two different mothers who were residents of Poland---Respondent illegally removed the minors from their habitual place of residence and brought them to Pakistan---Held, that the High Court under S. 491, Cr.P.C. is empowered to issue any direction within its territorial jurisdiction to recover any minor, who has illegally been removed from custody of mother---High Court may exercise its parental jurisdiction by considering welfare of minors so as to ensure that no harm or damage is caused to them physically or emotionally by reason of their removal from habitual place of residence---Best interest and welfare of minors laid with mothers---No one was allowed to abduct minors even if he was a father---Respondent/father cheated real mothers and deprived the minors from love and affection of their real mothers, who were holding lawful custody in Poland---Minors were illegally removed from foreign jurisdiction and should be returned to their habitual place of residence---High Court directed the parties to approach Guardian Court Poland which would decide the matter in accordance with law---Respondent/father abducted minors in breach of legal obligation and commitment under the law of Poland and also violated right to life envisaged in Art. 9 of the Constitution---Respondent/father did not return minors to Poland by using religion as a tool---This was not a permissible ground to be considered in any jurisdiction, as the primary question was related to welfare of minors---Courts in Pakistan duly regard foreign judgments and discourage such parents, who abduct minors from foreign jurisdiction and come to Pakistan for their ill-motives---High Court handed over custody of both the minors to their real mothers in presence of an official from Embassy of Poland in Pakistan---Constitutional petition was allowed, in circumstances.

IZA NOWAK through Authorised Representative ANZ vs FEDERAL INVESTIGATION AGENCY (FIA) through Director General (DG), FIA, Islamabad S — 2025 PLD 315 ISLAMABAD

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