The ‘husband’ in an alleged same-sex marriage case failed to appear before the court on Tuesday on the pretext that he had been infected with the novel coronavirus (Covid-19).
Meanwhile, a single-member bench of the Lahore High Court (LHC) - Rawalpindi Bench, comprising Justice Sadaqat Ali, on Tuesday refused to put the names of the alleged same-sex couple on the exit control list (ECL) stating that strict orders cannot be passed without adequate evidence.
At the onset of Tuesday’s hearing, the court expressed its anger over the absence of the couple, Asma Bibi, who now claims to have become a man and has changed her name to Akash Ali, and his 16-year-old wife N*. It also expressed its ire over Akash’s failure to submit reports of a gender test.
Asma and her 16-year-old student N* had married and the teacher had tried to convince the girl’s family that she first underwent a gender-reassignment surgery to become a man.
However, the girl’s father challenged the marriage in court.
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Meanwhile, a non-government organisation (NGO) has also joined the case to represent the couple.
Its lawyer, Nadeem Haider, told the court on Tuesday that Akash had contracted Covid-19, because of which he could not attend proceedings.
The court ordered the counsel to submit his Covid-19 test reports and announced a 90-minute recess.
When the proceedings resumed, Haider submitted a preliminary test report, adding that a detailed report will be given to them in two days.
At the last hearing of the case, Justice Ali had directed the District Headquarters (DHQ) Hospital Medical Superintendent (MS) to present a report after conducting a medical exam of Akash by July 21.
The MS was further authorised to get Akash tested from a private laboratory under his supervision if the facility was unavailable at the public hospital.
On Tuesday, the bench was told that Akash never appeared before the medical board.
When inquired by Justice Ali, the Taxila police station SHO said that the couple had allegedly left their home and moved to Lahore.
The officer added that he learnt about Akash’s illness over a telephone call and since then the couple’s phones are off and the house is locked.
At this, the Deputy Attorney General (DAG) pleaded the court to issue an order citing the seriousness of the matter. However, the court turned down his request and maintained that it will not issue any interim order until it sees the gender test report.
The petitioner’s lawyer, Taufeeq Awan, expressed fears that the alleged same-sex couple could flee aboard as they have moved to Lahore. He pleaded the court to put their names in the ECL.
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At this, the court remarked that the couple has already obtained a verdict from a local court in their favour and directed the counsel to wait until the required reports are produced.
Justice Ali further stated that the petitioners must wait for the test report as the courts do not give decisions in the air.
The court ordered to submit the gender test and coronavirus test reports at the next hearing. It further ordered the Taxila SHO to produce the alleged same-sex couple at the next hearing. The hearing was then adjourned until July 24.
Published in The Express Tribune, July 22nd, 2020.
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