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Last Updated: Wednesday, 29 November 2006, 17:18 GMT
From the Green City to Edinburgh
By Steven McKenzie
BBC Scotland news website, Highlands and Islands reporter

Misbah/Molly
Misbah's custody case is set for the Court of Session
The custody battle being played out in Pakistan's Green City over the future of Misbah Rana is set to continue in Scotland's capital.

Papers have been lodged with the Court of Session in Edinburgh by the schoolgirl's mother, her father and Misbah herself.

Lousie Campbell and her lawyers said this was where her daughter would have her say on who she wants to live with.

For Misbah, Auld Reekie in winter will be in sharp contrast to Lahore, where the legal wrangling is far from over.

Called the Green City because of its gardens, the large city is also in the midst of its driest time of the year.

A judge sitting in Lahore's high court ruled that Misbah, also known as Molly Campbell, should be handed in to the custody of the British High Commission within seven days.

We don't intend to accept this order - we are challenging it
Dr Abdul Basit
Solicitor

However, her father's solicitor, Dr Abdul Basit, said he was preparing to appeal to his country's superior court against the ruling.

After Wednesday's decision, Dr Abdul said: "I am as disappointed and devastated as much as Rana is.

"It's a bad decision by a good judge."

He added: "We don't intend to accept this order - we are challenging it."

A driving force behind the proceedings in Pakistan is a legal protocol signed by Britain and Pakistan in 2003.

It allowed Ms Campbell to apply to the courts for the return of her daughter. The protocol was established to speed up the resolution of more than 300 cases of alleged abduction that are registered each year.

In Misbah's case abduction has been strongly denied and the youngster has always said she flew to Pakistan from her mother's home in the Western Isles, via Glasgow, of her own free will.

Good example

Denise Carter, director of international child abduction centre Reunite, said the process in Lahore has been a good example of how the protocol can work for families.

She said: "We are very pleased to hear of the decision of the court in Pakistan and clearly they are using the judicial agreement through the Pakistan protocol.

"This will send out a message to others to go through the appropriate due process."

Ms Carter said Misbah may yet end up back in Pakistan if the Court of Session grants custody to her father.

The story of Misbah - which has linked the Outer Hebrides with a city in the Punjab, the reputed Heart of Pakistan - remains a long way from a conclusion.


SEE ALSO
Court victory for Misbah's mother
29 Nov 06 |  Highlands and Islands



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