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The father of the schoolgirl who ran away from her mother’s home in the Western Isles to live in Pakistan has been slammed by a judge for failing to act as an "upright, fair and honest man" during what has become an increasingly bitter custody battle.
Sajad Ahmed Rana, father of Molly Campbell, came under heavy criticism at the High Court in Lahore as the judge explained his decision to return the 12-year-old to her mother in Stornoway, Lewis, accusing Mr Rana of behaviour "tantamount to fraud".
Molly, who has asked to be known by her Muslim name Misbah Rana, left the UK in August, after her sister Tahmina – who lives in Pakistan - met the youngster at the gates of her school and accompanied her to the airport.
Her disappearance triggered an international hunt by police, amidst fears that she had been kidnapped by her father in order to be married off to a man twice her age. But soon after, she appeared in Lahore, smiling and denying suggestions of an arranged marriage, and saying that she had left Stornoway of her own free will.
In today’s proceedings, Judge Saqib Nisar elaborated on yesterday’s ruling that Molly should be handed over to the British High Commission within seven days and subsequently sent back to the UK. Mr Rana, 45, confirmed that he would appeal against the decision at Pakistan’s Supreme Court.
In the ruling, Judge Nisar found that Molly was born in Scotland, and her parents’ marriage and divorce had taken place there, hence making her a Scottish resident and under the jurisdiction of Scotland’s courts.
He noted that Mr Rana had previously acknowledged the authority of Edinburgh’s Court of Session and its ruling that Molly should not be removed from Scotland, rejecting the father’s argument that the girl was a Pakistani resident as she had lived in that country only from time to time.
"In this regard, I have examined and interviewed the child in my chambers," wrote Judge Nisar.
"Though she said she wants to live in Pakistan, in my view the reason given by her that she has been prevented by the petitioner (her mother) from leading her life according to Islamic virtue seems to me to have been tutored as at present she is under the influence of the respondent (her father)."
He continued: "I’m constrained to hold in this case that the respondent has not been an upright, fair and honest man.
"He has removed the child and is guilty of showing disrespect and violating court orders, which is tantamount to fraud. And thus he cannot be allowed to have the benefit of such fraud."
The judge added that his ruling was based on "mutual respect and confidence" for the international rule of law in the "global village".
But Mr Rana vowed to fight the ruling every step of the way. "Misbah is still very upset," he said. "She cries and sobs. She said today: ‘I don’t want to go back and I’m not going to go back’.
"I’m devastated and disturbed at the thought of her going back to that house because she was very badly treated there. That’s why we will appeal to the Supreme Court."
Louise Campbell, the girl’s mother, claimed in her legal petition in Pakistan that her daughter had been abducted by her former husband and eldest daughter. Ms Campbell, who was awarded interim custody at the Court of Session in June last year, has since been applying to make that arrangement permanent.
But earlier this month, lawyers for Molly and father challenged that custody fight, with the case suspended for six weeks to enable the girl seek legal aid.
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