News
Sunday, September 10, 2006
Basit to challenge child custody protocol in SCBy Rana Tanveer
LAHORE: Dr Basit, counsel for Molly Campbell alias Misbah Iram, has decided to challenge judicial protocol on children, signed by former Supreme Court (SC) chief justice Sheikh Riaz Ahmad and the Family Division of the England’s High Court president, in the Supreme Court.
“I will challenge the judicial protocol because it allows British wives of Pakistani men to keep children after dissolution of a marriage,” he said. Talking to DailyTimes, he said neither judiciary nor legislators were authorised to sign a treaty and enforce it in the country.
The protocol was not part of the International Public Law and it was not applicable to Pakistan, Dr Basit said. He said that Molly’s mother converted to Islam and had performed Haj and Umra and remained in veil (Hijab) for 17 years, but after divorce from the Pakistani husband, she converted to Christianity again. “According to Islam, she is an apostate (Murtad) and Islam does not allow a Muslim child to be given to a non-Muslim,” he said. Quoting the protocol, Basit said, “The principles of the protocol shall apply without regard to the nationality, culture or religion of the parents or either parent and shall apply to children of mixed marriages.” He said that he fought six cases in which he could not be succeeded and girls were sent to the UK by courts. He said the case of Molly would be the first case of its kind, if he won.
Courtesy DailyTimes.com.pk