LAHORE, July 24: Former senator Aitzaz Ahsan has expressed his shock over a report on the trade-off of eight girls in a tribal settlement arrived at a “gathering of religious scholars, notables of the district, politicians and the public” of Mianwali.

In a statement here on Wednesday, Ahsan said the four murder convicts had reportedly purchased their reprieves from the death sentence on the payment of Rs8 million and by giving eight girls of their family as compensation to the aggrieved party. “The consent of the girls is not relevant. The hand of one 18-year-old girl is to be given to an 80-year-old man. Needless to say that this conduct is not just outrageous. It is the grossest travesty of law,” he said.

The PPP leader said if the lawman and the police official needed any initiation in the legal consequences of the transaction, let them refer to Section 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. “Cohabitation with a woman not validly married to the accused and against or without the legal consent of the victim is Zina bil Jabr. It is punishable, inter alia, with death. Here is a contract in which the traded women are the consideration for the deal. As such the tribal settlement is unconscionable and against public policy. Hence the deal as well as the marriages under it will be void in the eyes of law. Thus Section 6 of the Hudood Ordinance will apply with full vigour.”

He said even if this macabre episode was seen as resulting in some “form of marriage”, the circumstances nevertheless invoked the application of Sections 11 and 15 of the Ordinance. “A person who participates in the compelling of a woman to marry, or is party to a kidnapping knowing that it is likely that she will be compelled to marry a person against her will is guilty of an offence punishable with imprisonment for life. The offence is also not bailable. Incidentally Section 15 of the Ordinance will also be attracted. This also provides for an equally severe punishment of 25-year rigorous imprisonment.”

“In addition, and without prejudice to the above, all the several offences in Chapter 25-A of the Pakistan Penal Code dealing with wrongful restraint, confinement, use of criminal force upon the women in question and assaults upon their modesty will also be applicable. These provide for varying punishments. Each one of the persons who has participated in the transaction and facilitated it has himself abetted a heinous offence and is also liable. Nobody is above the law.”

Ahsan said: “The time is now. Tomorrow will be too late. It is now for the Punjab law minister and the federal women’s minister to rush to Mianwali. It is now time for the IGP to act to prevent the bargain from being consummated. This is the time for arrests to be effected. This is the time for the NGOs to activate their energies. This is the time for the president to act. If preemptive action is taken, arrests made and prosecution initiated in this case, many a Meerwala will be prevented in the future.”

However, he states: “The question is: does the administration have the guts and nerve to apply the law to suppress cruel practices that have the cloak of custom and misconceived religious dogma? Gen Musharraf has repeatedly vowed to establish the writ of the law. This is one test for him.”