September 22, 2007	Saturday	Ramazan 09, 1428

LAHORE, Sept 21: Justice Khwaja Muhammad Sharif of the Lahore High Court ordered on Friday the presence of the accused in the same sex couple case in the court. Justice Sharif ordered this while taking up an application, seeking exemption of Shumail Raj and Shahzina Tariq from personal appearance in the proceedings against them for marrying each other.

Shumail Raj and Shahzina Tariq contracted marriage, which was declared against Islamic injunctions by Justice Sharif on the grounds that both were women. On May 28, the judge jailed the couple for three years, besides imposing a Rs10,000 fine on each of them, for lying regarding the gender of Raj.

At present the couple is on bail granted by the Supreme Court. The high court has yet to decide the main case pertaining to their marriage.

On Friday (today), Raj and Shahzina did not appear before the judge for the hearing of their case. Justice Sharif observed it was necessary for the couple to personally appear in the court for seeking exemption. The court will hear the case on Sept 24.

Petitioners’ counsel Rana Sajjad Husain said Shahzina’s father was bent upon killing them. He said he had also hired assassins, who were threatening Raj’s brother of consequences. He said Shahzina’s father had publicly announced that he would kill Raj and Shahzina whenever he found them.

Raj also moved an application to the Punjab inspector general for protection but no action was taken, he added.

He said in such situation it was impossible for his clients to appear in court on every hearing. The couple would come to the court whenever required, he said.

Gulzar Butt, the counsel for Shahzina’s father, said since there was no precedent of such case, the court would have to judge all aspects before handing down a verdict —Reporter