Falak Noor Case: court orders age assessment test

GILGIT: The Gilgit-Baltistan Chief Court on Saturday ordered an ossification test for Falak Noor, a young girl who had previously been reported kidnapped from Gilgit and coerced into marriage in Mansehra, to determine her true age.     

The ossification test or osteogenesis, a method of determining age through the degree of bone fusion, is expected to offer conclusive evidence regarding her age. The Chief Justice, Ali Baig, also directed that Noor be housed in the Women Police Station in Gilgit, which has been designated as Darul Aman, until the next hearing on Monday.

A specialized four-member panel of doctors at Provincial Headquarters Hospital (PHQ) is tasked with determining her age following a comprehensive examination that includes tests of bones, teeth, and more.

The Gilgit police managed to locate and present Noor to a district and sessions court on Thursday, 75 days post her disappearance. In her judicial statement before Magistrate Anum Zahra, Noor refuted the kidnapping allegations, asserting that she had voluntarily left her parental home. She revealed her marriage to Fareed Alam, a Sultanabad, Gilgit resident, claiming it was a decision made of her free will and voiced her intent to reside with her husband.

Despite her claim of being sixteen years old, discrepancies arise from her parents’ provided documents, including Form B and her birth certificate, which suggest she is between 12 and 13 years old. Noor has consistently maintained this stance in her previous video statements as well.

The session court’s written judgment underscored the Gilgit-Baltistan Chief Court’s cognizance of the matter ordered Falak Noor be kept in Darul Aman and be produced before GB Chief Court on 06-04-2024.

The case has drawn significant attention due to its implications for child rights and the legal protections afforded to minors in Pakistan. The outcomes of the ossification test and the subsequent court proceedings are awaited with keen interest, as they are set to provide a clearer picture of Noor’s legal standing and the legitimacy of her claims regarding her marriage.

BACKGROUND

Falak Noor, the daughter of Sakhi Ahmed Jan, had been missing since January 20, after she left her home in Sultanabad Area of Gilgit for a Quran study session and did not return. After unsuccessful attempts to find her, the family reported her missing to the Danyore Police Station. Subsequently, Jan was informed of suspicions that Fareed Alam, son of Azam Khan resident of Sultanabad, had abducted his daughter. On January 21, Jan filed an FIR against Fareed, accusing him of kidnapping Falak under false pretenses, as outlined in the complaint registered under section 364 A of the Pakistan Penal Code, dealing with the kidnapping or abducting of a person under fourteen.

Police detained Fareed’s father, and his uncle, alleged to have facilitated Noor’s abduction, secured bail before arrest until April 6. However, in a surprising turn on March 21, Noor communicated through a media message that she had eloped with Fareed of her own free will, motivated by love rather than coercion. She announced her marriage to Fareed in Mansehra at a madrasa, refuting claims of her being coerced or underage.

Her father and the High Court Bar Association of Gilgit-Baltistan firmly rejected these statements, insisting that her claims, especially concerning her age, were made under duress. On March 25, a legal petition was lodged with the Gilgit-Baltistan Chief Court, seeking urgent judicial intervention for Noor’s recovery and safe return. Chief Justice Ali Baig, on March 26, mandated the police to ensure Noor’s appearance in court by April 2. Failing compliance by the given date, the court extended the deadline to April 6. Contrary to the final deadline, the police presented Noor before a session court on April 4, two days prior to the stipulated date.