Dua was not kidnapped, rules SHC

Girl tells court she married of her own free will; refuses to meet parents

KARACHI:

The Sindh High Court (SHC) has issued a written order in the Dua Zehra case, observing no evidence was found that the girl had been abducted.

"I got married of my own free will. No one kidnapped me; I want to go with my husband Zaheer and do not wish to see my parents," revealed Zehra in a statement recorded under oath before the SHC.

A two-member bench, headed by Justice Muhammad Junaid Ghaffar, in its written order, said that the girl stated that she was 17 to 18 years old and had married out of her own free will. The bench observed that Dua Zehra claims that her father had filed a false case of kidnapping, though he knew that she had gone on her own free will. "No evidence was found of the girl's abduction," the court remarked.

The bench directed that the girl be sent to a shelter home and ordered the submission of a report on June 8 after conducting a medical examination to determine her age. Police had taken Dua Zehra and Zaheer Ahmed to Sindh High Court under tight security after they were recovered from the Chishtian tehsil of Bahawalnagar.

The judge however noted that the case was marked for hearing on June 10. On the request of Sindh Advocate General Salman Talibuddin, the court allowed the Dua Zehra case to be heard. Police produced them before a two-member bench, headed by Justice Muhammad Junaid Ghaffar.

As soon as Dua Zehra was brought to the court room, her mother, relatives and friends rushed to meet her. However, security personnel intervened and restrained them from doing so till after the hearing was completed.

The court asked about the details of the case and whether the kidnapping charges had been proven." The advocate general stated that the charge of kidnapping was yet to be proven.

The petitioner's counsel expressed apprehension that the girl might be moved abroad and requested the court to order the addition of the Child Marriage Act to the case. "What is your case?" the court asked. 

Altaf Khosa, the counsel of Dua Zehra's father Mehdi Kazmi, contended that the girl was 14 years old when she was "abducted".

The advocate general, meanwhile, stated that Zaheer Ahmed married Dua Zehra in Punjab and no violation has been committed with regards to the laws of Sindh.

Justice Amjad Ali Sehto remarked by asking the AGD to read the clauses of kidnapping and to guide the court whether this was indeed a case of abduction.

AG Salman Talibuddin stated that if the marriage took place in the Punjab, then the Sindh Child Marriage Act does not apply here. "She is scheduled to be produced in the Lahore High Court on Friday, June 10."

Justice Muhammad Junaid Ghaffar remarked that if the age is less, the Punjab Marriage Restraint Act will be applicable. The petitioner's counsel argued that the age must first be determined. The court remarked that the case of disappearance has become ineffective regardless.

Justice Muhammad Junaid Ghaffar said that there was no case of kidnapping. "The girl herself is saying that she was not abducted. We are still giving you a little chance," the court remarked.

The parents' counsel argued that the girl was too young. The SHC remarked that it would record Dua Zehra's statement and the case will be disposed of today. It summoned Dua Zehra to the rostrum and she took oath. "I am 18-year-old Muslim Shia. I got married willingly," Dua told the court after taking the stand.

The court asked Dua to identify Mehdi Kazmi to which she replied that he was her father. "Your father says that you were abducted by Zaheer," the bench remarked:  Dua Zehra told the court that she had gone of her own free will and that Zaheer did not force her. The court asked Dua Zehra about who she wanted to go with. To this, she replied that she wanted to go with Zaheer.

The court asked the counsel for the petitioner to define the girl's age, according to her birth certificate. He stated that the age of the girl is 14 years. The SHC asked Dua Zehra from where she was taken into custody from and she replied by saying Chishtian.

During the hearing, the parents' counsel argued that a DNA sample should be taken. The court remarked that there was no such thing in the law. "Your case is over," the bench reiterated.

The petitioner's counsel requested that the child be medically examined and that she be allowed to meet her parents. "The police are not allowing them to meet her." The court asked Dua Zehra whether she wanted to meet her parents, but she immediately refused.

The counsel then asked the court to order the girl to meet her parents.

The judges asked that if the girl had refused, how could they force her to do so? The court ordered Dua Zehra to be sent to a shelter home. The court ordered Dua Zehra to undergo a medical test and submit a report on June 8.

Published in The Express Tribune, June 7^th, 2022.