KARACHI, Feb 26: The Sindh High Court issued a search warrant on Thursday to empower the police and other law enforcement agencies to enter any premises where Balakhsher Maher , the man who contracted a free-will marriage with Shaista Almani in violation of the tribal custom, is suspected of being confined.

The order was passed by a division bench in chamber after recording Shaista's statement and hearing her counsel Khwaja Naveed Ahmed and Shafqat Shah Masoomi, Advocate Syed Iqbal Haider for the petitioner human rights organizations, Ghulam Qadir Jatoi for Khuda Bakhsh Almani (Shaista's uncle), Advocate-General Anwar Mansoor Khan for the provincial government and Deputy Attorney-General Syed Zaki Mohammad for the federation. March 16 was fixed for further hearing and Balakhsher's production.

The couple were first ordered to be produced on Feb 10. Shaista, who has been shifted to a police lines quarters in Karachi, came to the court amid tight security. A number of rights activists were present in the courtroom.

As the bench comprising Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri took up the petition in a jampacked courtroom, the AG submitted a letter from the Sukkur district police officer saying that inspector Nasrullah Rana visited Balakhsher's native Raza Goth in 'kachcha area' outside Pano Aqil and he was told by his neighbours that he had left for Lahore. The statement was based on an affidavit sworn by the police inspector.

Advocate Iqbal Haider described the statement as 'false'. He said he had been contacted by Balakhsher on his mobile phone repeatedly to say that he was eager to attend the court proceedings to reaffirm his marriage with Shaista and categorically state that he had not divorced her.

In fact, Mr Maher had informed the lawyer that he would not be produced on some false pretext. Shaista, who was contacted by Balakhsher on telephone, also made the same statement 'on her husband's behalf' in the chamber proceedings, according to her counsel.

Mr Haider, who represents the Human Rights Commission of Pakistan, the Women's Action Forum and the Aurat Foundation, alleged that Balakhsher was being kept in confinement at Raza Goth on the order of Ghotki Nazim Ali Gohar Maher, brother of the Sindh chief minister. He was stated to be in Lahore in an attempt to exclude him from the SHC jurisdiction and defeat the production order.

The AG said the police were doing their best to trace Balakhsher and produce him in the court. He would have no objection if the bench issued a search warrant. DAG Zaki submitted that the federal agencies would provide all assistance to the Sindh police as urged by the petitioners' counsel.

Earlier, as Mr Haider vehemently denied the police statement, the bench observed that the proceedings should better be conducted in chamber. The counsel fully supported the observation and the proceedings shifted from the open court to the chamber.

Advocate G. Q. Jatoi said his client, Qadir Bakhsh Almani, and other members of the Almani tribe, including Shaista's brothers- in-law, were being harassed. He said the petition was no longer maintainable as the two alleged detainees, Shaista and Balakhsher, had not been found to be in unlawful confinement. Insofar as the question of validity of marriage or divorce was concerned, it was for the family court to decide, he said.