The Sindh High Court ordered on Thursday the formation of a medical board to determine the age of Arzoo Masih - a teenage Christian girl who was allegedly abducted before being forced to convert and marry a Muslim man.
Federal Human Rights Minister Shireen Mazari has also approached the court seeking to become a party in the case, which was heard before a two-member bench headed by Justice KK Agha.
Arzoo and her purported husband Syed Ali Azhar, 44, were produced before the court. Arzoo maintained before the court that she married Azhar with her freewill and said she was 18 years old.
However, noting that the verified documents show her as under 18 years of age, Justice Agha asked the girl about it. But Arzoo maintained that she had converted to Islam and her age was 18 years after the creation of Islamic documents.
"A medical board will be formed to determine your age," said Justice Agha. According to Arzoo's verified B-form, she is 13 years old.
During the hearing, Barrister Salahuddin submitted a power of attorney on behalf of the human rights minister and requested the court to record Arzoo's statement in the chamber as well, as she was saying she was not abducted.
Arzoo maintained in court that she had not been kidnapped and asked to be permitted to leave with Azhar.
"The court will proceed step by step and not hurry through the matter," assured Justice Agha. "We will scrutinise and [conduct] tests."
As the hearing continued, the advocate-general maintained that Arzoo was a minor and argued for her statement not to be recorded. But Justice Agha remarked that if she was indeed 18 years old, she had the right to be with her husband.
The hearing concluded with the bench directing the health secretary to constitute a medical board to determine Arzoo's age. In the meantime, the court directed that Arzoo be given in the custody of a female police officer for medical examination. The hearing was adjourned till November 9.
Med students' fate in the balance
Meanwhile, hearing the case pertaining to the dispute between Sindh and Centre and resultant delays in admissions for medical colleges, a bench headed by Justice Muhammad Ali Mazhar sought more arguments from the Pakistan Medical Council (PMC) counsel.
The first petition was filed by five public medical and health universities of Sindh against the PMC. The varsities sought permission for the Medical and Dental College Admission Test (MDCAT) to be conducted, whereas premedical students moved the high court against the admission test, scheduled for October 18, and sought a restraining order.
The students' counsel, Jibran Nasir, argued that the authority that created the entry test syllabus was illegal, adding that the Sindh government also disagreed with the Centre on the new test date, set for November 15.
Arguing that students still did not know what textbooks to use to prepare for the entrance tests, the counsel contended that the provincial government should be empowered to prepare the syllabus and the tests.
During the hearing, the PMC lawyer presented sample papers with the syllabus. He argued that the target was to begin classes from January. He contended that students who score 65 per cent and above will be granted admission and it was wrong to say the syllabus is illegal so the test should not be taken. The PMC counsel maintained that students would all be prepared as there would be no other syllabus.
According to the PMC counsel, when the provincial government was informed about the PMC test, it said all arrangements had been made and the test would be conducted on October 18.
Informing the court of a medical conference held between October 12 to 15, with vice chancellors of all provinces, he presented the minutes of that conference.
Nasir, however, contended that Sindh's FSc syllabus had not been updated since 1985 and that textbooks in Sindh differed from those in Punjab. "But the PMC is saying that the syllabus is all the same."
The PMC counsel distributed copies of sample papers and insisted that if any question in the exam differed from the syllabus, it would be deleted. "An objection form will also be given at the test centre."
Meanwhile, the Sindh assistant advocate-general claimed there were flaws in the PMC's composition and called for arguments on legal grounds.
The court adjourned the hearing till Friday (today), directing the counsels to continue their arguments at the next hearing.
*With additional input from PPI
Published in The Express Tribune, November 6th, 2020.
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