Lost girl: Indian lawyer files petition against Geeta’s ‘unlawful detention’
Lawyer claims he wants to take Geeta's blood samples to trace her family
PHOTO: REUTERS
KARACHI:
The hearing of an application filed against Geeta's 'unlawful detention' under section 552 was adjourned till September 2 owing to the lawyers' strike on Monday.
The Indian girl, Geeta, along with her custodians, Faisal and Bilquis Edhi, were summoned by the district and sessions South judge, Ahmed Saba on Monday. However, the hearing has been adjourned till Wednesday.
An application has been filed by an Indian lawyer, Momin Malik, through Pakistani lawyers, under Section 552 of the criminal procedure code, which empowers the judge to compel restoration of abducted females. "Upon complaint made to a [sessions judge] on oath of the abduction or unlawful detention of a woman or of a female child under the age of 16 years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty or of such female child to her husband, parent guardian or other person having the lawful charge of such child and may compel compliance with such order, using such force as may be necessary," reads the law.
Read: Raksha bandhan: Stranded in a distant land, Geeta finds a 'brother'
Geeta, an Indian mute and deaf girl has been stranded in Pakistan for the last 13 years. She was handed over to the Edhi Foundation by the Punjab Rangers when she crossed the border by mistake.
Regarding the application moved by the Indian lawyer, who says that his application was filed on humanitarian grounds, lawyer Shaukat Hayat said that the Indian lawyer's application can be challenged, and his motive of wanting custody of Geeta can also be dismissed.
"Why is he claiming that Geeta has been illegal detained? She has been with the Edhi foundation for so many years. There is no illegal detention."
On 'humanitarian grounds'
Despite the section in the application against Geeta's abduction and unlawful detention, Indian lawyer Momin Malik told The Express Tribune that he is not interested in acquiring custody and had only come from India to help Geeta.
"I have come from India to take blood samples of Geeta, which will help trace her family. There are five families in India who are claiming that Geeta is their daughter. They are poor and don't have the resources."
Malik, who says he is a Panipat-based lawyer, said that he has been active in getting compensation for the victims of the Samjhota Express.
"I have no interest in her custody. If the court orders so, I will ask them to deport her back to India. I just want to meet her once." He said that the Indian High Commissioner had done nothing for her for the last 13 years which is why he did not approach them.
Published in The Express Tribune, September 1st, 2015.
The hearing of an application filed against Geeta's 'unlawful detention' under section 552 was adjourned till September 2 owing to the lawyers' strike on Monday.
The Indian girl, Geeta, along with her custodians, Faisal and Bilquis Edhi, were summoned by the district and sessions South judge, Ahmed Saba on Monday. However, the hearing has been adjourned till Wednesday.
An application has been filed by an Indian lawyer, Momin Malik, through Pakistani lawyers, under Section 552 of the criminal procedure code, which empowers the judge to compel restoration of abducted females. "Upon complaint made to a [sessions judge] on oath of the abduction or unlawful detention of a woman or of a female child under the age of 16 years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty or of such female child to her husband, parent guardian or other person having the lawful charge of such child and may compel compliance with such order, using such force as may be necessary," reads the law.
Read: Raksha bandhan: Stranded in a distant land, Geeta finds a 'brother'
Geeta, an Indian mute and deaf girl has been stranded in Pakistan for the last 13 years. She was handed over to the Edhi Foundation by the Punjab Rangers when she crossed the border by mistake.
Regarding the application moved by the Indian lawyer, who says that his application was filed on humanitarian grounds, lawyer Shaukat Hayat said that the Indian lawyer's application can be challenged, and his motive of wanting custody of Geeta can also be dismissed.
"Why is he claiming that Geeta has been illegal detained? She has been with the Edhi foundation for so many years. There is no illegal detention."
On 'humanitarian grounds'
Despite the section in the application against Geeta's abduction and unlawful detention, Indian lawyer Momin Malik told The Express Tribune that he is not interested in acquiring custody and had only come from India to help Geeta.
"I have come from India to take blood samples of Geeta, which will help trace her family. There are five families in India who are claiming that Geeta is their daughter. They are poor and don't have the resources."
Malik, who says he is a Panipat-based lawyer, said that he has been active in getting compensation for the victims of the Samjhota Express.
"I have no interest in her custody. If the court orders so, I will ask them to deport her back to India. I just want to meet her once." He said that the Indian High Commissioner had done nothing for her for the last 13 years which is why he did not approach them.
Published in The Express Tribune, September 1st, 2015.