HYDERABAD: A division bench of Sindh High Court Hyderabad circuit on Tuesday directed the Jamshoro SSP to file an affidavit to the extent that no jirga would be held in the district. If held, the jirga would be unconstitutional and unlawful and the official respondents would take appropriate action against those responsible for the holding of such jirga. The SSP was directed to file the affidavit within a week.

The bench comprising Justice Mohammad Shafi Siddiqui and Justice Irshad Ali Shah passed the order on a constitutional petition filed by Dr Pehlaj Mal and Dr Rajesh Kumar through Advocate Razia Ali Zaman Patoli. The petitioners have cited home secretary, Hyderabad DIG and SSPs of Hyderabad and Jamshoro and FIA as official respondents and 11 other persons as private respondents.

Dr Pehlaj Mal stated in his petition that his three sons’ engagements with Vishno Mal’s three daughters were finalised in 2012 and later the private respondent suffered losses in business and had to face eight criminal cases.

Dr Mal said that one of his sons, Dr Rajesh, is a young doctor and peace activist. Vishno Mal’s daughter engaged with Dr Rajesh in her private conversation with him (Dr Rajesh) shared some facts about her, including another relationship, and also about her two sisters, he said.

Two families at odds over breaking of three engagements

Dr Mal claimed that whenever she got annoyed with Dr Rajesh, she would start talking to her friend. She also hurled abuses at him (his son) and that’s how her engagement with Dr Rajesh could not continue, he stated. After that, she started harassing him and his family members and threatening to commit suicide, the petitioner said.

Dr Pehlaj alleged that Vishno Mal’s daughter also threatened to take revenge for her engagement saga with Dr Rajesh and she sent messages through the social media.

According to Dr Mal, Vishno Mal’s two other daughters also told their respective fiancés, Dr Rahul and Sanjay, that they were no more interested in the matrimonial affair.

The petitioners said that other private respondents distributed pamphlets and posters to defame them (the two petitioners).

They said that the petitioners dissolved the engagement ignoring all the threatening messages.

They submitted in court that after a few months, the ex-fiancée of Dr Rajesh shared a message on the social media which put the lives of petitioners and their family members at stake. They said that due to this environment they could not move freely in their native town, Thana Bula Khan. They apprehended being booked and arrested as the private respondents could lodge FIR against them.

The petitioners asked the court to direct the Hyderabad DIG and Jamshoro SSP to ensure that no jirga or panchayat or any such meeting was convened to deciding the fate of the petitioners and their families.

They informed the court that such a jirga was being convened in Jilani Mohalla, Thana Bula Khan.

They asked the court that the respondents be directed to provide protection to the petitioners and their family members. The respondents should also be directed not to make any arrest on the basis of such an FIR.

Published in Dawn, December 16th, 2020