KARACHI, March 30: The Sindh High Court upheld on Tuesday the right of Shaista Almani and Balakhsher Maher to decide for themselves as legally competent, free citizens of Pakistan.

Declaring them 'sui juris' after recording their brief statements in chamber, a division bench comprising Justices Shabbir Ahmed and Khilji Arif Hussain disposed of the habeas corpus petitions filed by three non-governmental organizations and Ms Almani for their recovery and production because they were no longer in anybody's custody.

The bench did not rule on the validity or otherwise of marriage or the alleged subsequent divorce as the matter was not before it. In their statements brought on the court record, Maher and Shaista referred to each other as husband and wife.

Maher was produced by a police squad from his native Raza Goth, Pano Akil, Sukkur, and was relieved after a meeting in Advocate-General Anwar Mansoor Khan's office. The meeting was attended by the couple, Advocates Syed Iqbal Haider, Khwaja Naveed Ahmed and Pir Shafqat Shah Masoomi, and Anis Haroon on behalf of the petitioners.

The couple talked to the newsmen gathered outside the AG's office before their departure in the law officer's car for the Police Lines quarters where Shaista had been putting up since her shifting to Karachi under protective custody.

The AG office meeting discussed matters relating to the couple's security. The court had called for safety measures when Maher complained that he had received threats from Khuda Bux Almani, a tribal elder, and three others. He said he wanted to stay on in Karachi.

A sizable crowd of human rights activists and lawyers and others greeted the couple as Shaista and Balakhsher came out of the court chamber in each other's embrace. They were whisked away to the AG's office as the cheering crowd surrounded the security ring escorting them.

Speaking for petitioners Human Rights Commission of Pakistan, Aurat Foundation and the Women's Action Forum, Anis Haroon said the successful campaign launched by the three organizations had created a dent in the unjust and inhuman tribal customs. It had strengthened the public confidence in the country's legal system.

She said the arbitrary dispensation of 'justice' by jirgas in circumvention of the law of the land had received a jolt and more and more people would question its legal validity. The Shaista- Maher ordeal was a test case and the human rights organizations would continue their struggle against illegal customs, including karo-kari and the so-called honour killings, she added.

In his statement earlier, Balakhsher Maher said he had been confined for three months but was at liberty in his house when the police came to bring him to Karachi for court proceedings. He never divorced Shaista as alleged.

According to Advocate Iqbal Haider divorce under pressure was not valid. Even otherwise utterance could be retracted any time. He said the couple would have definitely been separated or subjected to the gruesome custom of 'karo-kari' had the human rights organizations not come to their rescue.

The AG and Deputy Attorney-General Syed Zaki Mohammad assured the court that the government was obliged to protect the life and property of its citizens but special measures would be taken for the couple's safety in view of its order and the circumstances of the case.