PESHAWAR, June 23: A bench of the Peshawar High Court on Friday set aside a jirga order to hand over an 11-year-old girl to a rival family from Charsadda to settle a dispute under the custom of Swara.
The bench, comprising Justice Ijaz Afzal and Justice Fazlur Rehman Khan, disposed of a writ petition filed by two sisters, Sanad Bibi, 11, and Shah Izzat Bibi, 9, after a police officer gave an undertaking that he would not allow enforcement of the jirga verdict.
The bench observed that if the ‘illegal decision’ was implemented, action would be taken against the officer and other people involved.
Mandani police station’s SHO Zahir Shah assured the court he would take necessary steps to ensure that the decision was not implemented.
Following the assurance given by the SHO, the petitioners did not press their request for registration of an FIR against jirga members.
The petitioners’ counsel, Iqbal Khan Mohmand, said the jirga decision was illegal, un-Islamic and inhuman. He said a minor girl could not be sacrificed in such a manner.
The jirga took the decision on Feb 5 while hearing a complaint that a girl engaged to a member of their family had been married six months ago to a brother of Taza Neen in Barawal Banda area of Upper Dir.
They said the girl, Fauzia, daughter of Qasim Jan of Takhtbhai in Mardan, was engaged to Jalat Khan, brother of Sangeen of Shaheed Kaley of Mandani area of Charsadda.
The family of Jalat Khan raised the issue and it was decided that the matter would be resolved by a jirga.
The jirga met in Charsadda and decided that the elder daughter of Taza Neen should be given in Swara to Jalat Khan.
The jirga also directed that the registration book of a pick-up owned by Taza Neen would remain with Jalat Khan till the girl was married to him.
The petitioners’ counsel said there was no written proof about engagement of Fauzia with Jalat and that the claim of Jalat’s family was baseless.
He said the inhuman custom of Swara was illegal and the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, had issued special directives in this regard.
