KARACHI, March 26: The Sindh High Court adjourned the hearing of Shaista Almani case to March 30 with a direction to the police to produce her and Balakhsher Maher, the man who is said to have divorced her under pressure after their free-will marriage, on that date.
The division bench, freshly assigned the case, could not take it up on Friday due to paucity of time. Advocate Iqbal Haider, counsel for the three petitioner NGOs, requested the bench, which had risen for the day, to hear the case in view of its urgency.
Justice Shabbir Ahmed, the senior member of the bench, called the counsel and Balakhsher Maher, who was brought from Pano Aqil by the Sukkur police, to his chamber and fixed the new date after consulting Justice Khilji Arif Hussain, other member of the bench, and hearing the counsel briefly.
Maher was accompanied by his brother, who was later asked to leave. Shaista was brought to the advocate-general's office and the court did not summon her. Mr Haider sought an order for Maher's stay in Karachi, at least till the next date of hearing.
The Sukkur district police officer undertook to produce him whenever ordered by the court but said his extended stay in Karachi might cause law and order or security problems. It was in the interest of their own safety and security that Shaista and Maher were not brought to the court together, the police claimed.
Additional Advocates-General Ahmed Pirzada and Sarwar Khan appeared for the provincial government and Advocates Masoom Ali Shah and Sajid Javed for Ms Almani. Advocate Ghulam Qadir Jatoi represents the Almani tribal elders.
The petitioners, the Human Right Commission of Pakistan, Aurat Foundation and Women's Action Forum, complain that the couple was being victimized by the elders of the Almani and Maher tribes because they married of their own free will and in violation of the tribal custom. They were threatened to be killed as 'karo kari' and Maher was forced to divorce Shaista. They should be given due protection to live freely as husband and wife.
According to advocate Jatoi, the petition had become infructuous after recovery and production of the two people alleged to have been kept in illegal confinement.
The question of validity of their marriage should be decided by a family court of competent jurisdiction, according to the lawyer, who has moved a petition against "police harassment" of the Almani tribal elders.































