G-B court allows ‘kidnapped’ minor girl to decide her fate

GILGIT: Gilgit-Baltistan Chief Court on Monday allowed Falak Noor, an underage girl, who was kidnapped from Gilgit and forcibly married to a boy in Mansehra, to make a personal choice — whether to go with her parents and the boy with whom she has solemnized Nikkah without the consent of her parents.

The boy was allegedly involved in her abduction according to an FIR filed at the Daniyore Gilgit police station on January 21, 2024.

The twist in Noor’s case came on Saturday when the Gilgit police successfully located and presented her to a district and sessions court 75 days after her disappearance.

During her judicial statement before Magistrate Anum Zahra on Thursday, Falak Noor vehemently denied the kidnapping allegations.

She stated that her departure from her parental home was voluntary and disclosed her marriage to Fareed Alam, a resident of Sultanabad, Gilgit.

The case gained prominence due to discrepancies in Noor’s age, with three different claims coming to light. According to her Form B, she is 12 years old, while her birth certificate indicates she is 13. In contrast, Noor has consistently claimed she is 16. The confusion led the court to order an ossification test during Saturday’s hearing to determine her accurate age. The results of the examination, conducted by a three-member panel of doctors, placed her age between 13 to 16 years.

During the hearing, Gilgit-Baltistan Chief Court Chief Justice Ali Baig inquired Noor’s preference, to which she expressed her desire to remain with her husband. “I want to be sent with my Husband,” Noor stated, a response that shaped the court’s final verdict. In a brief oral judgment, the court declared, “The girl (Falak Noor) to be sent wherever she wants to go,” and disposed of the writ petition.

After the proceedings, Gilgit’s Senior Superintendent of Police, Muhammad Ayaz, assured that Noor’s security would be assessed before her transition to her husband’s care. “We will assess the security and send her with Freed Alam after proper preparation,” SSP Ayaz informed HUM News English.

Reacting to the decision, Child Rights Activist Gohar Mamtaz expressed profound disappointment, describing the ruling as “one of the most controversial decisions in the judicial history of Pakistan”. Mamtaz pointed out that despite the evidence and medical reports placing Noor’s age between 13 and 16, the court’s decision to allow her to stay with her husband sets a dangerous precedent, directly violating the child rights of nearly five hundred thousand children in Gilgit-Baltistan.

“This decision is extremely disheartening and violates the international child rights charters to which Pakistan is a signatory,” Mamtaz commented. He warned that this case could potentially encourage other girls over the age of 13 to make similar decisions, highlighting the decision’s severe lack of seriousness and its alarming implications for children across Pakistan.

BACKGROUND

Falak Noor, the daughter of Sakhi Ahmed Jan, went missing on January 20, after leaving her home in the Sultanabad Area of Gilgit for a Quran study session, failing to return. The distressed family reported her disappearance to the Danyore Police Station following fruitless searches. Subsequently, Jan received information suggesting that Fareed Alam, son of Azam Khan from Sultanabad, might have abducted his daughter. Jan’s response was swift; on January 21, he filed an FIR against Fareed, accusing him of kidnapping Falak under false pretenses, under section 364 A of the Pakistan Penal Code, which pertains to the kidnapping or abducting of persons under fourteen.

In a development, police detained Fareed’s father and uncle, the latter believed to have aided in Noor’s alleged abduction; both secured bail before arrest until April 6. However, the narrative took a sharp turn on March 21 when Noor, through a media statement, claimed she had eloped with Fareed by her own volition, driven by love and not coercion. She declared their marriage in Mansehra at a madrasa, dismissing any suggestions of being forced or underage.

Her father and the High Court Bar Association of Gilgit-Baltistan strongly refuted these claims, asserting that her statements, particularly regarding her age, were made under pressure. A legal petition was filed with the Gilgit-Baltistan Chief Court on March 25, demanding immediate judicial intervention for Noor’s recovery and her safe return. Chief Justice Ali Baig, on March 26, ordered the police to ensure Noor’s court appearance by April 2. When this directive was not met by the deadline, the court extended it to April 6. In a turn of events, defying the final deadline, the police managed to present Noor before a session court on April 4, two days ahead of schedule, culminating in the court’s landmark decision to respect Noor’s wish to stay with her husband.