SHC bench declines to proceed with case after senior counsel alleges Sindh CM Qaim Ali Shah ‘met a member of the bench’ and told him to ‘favour’ the Hindu ‘convert’s’ father
A division bench of the Sindh High Court (SHC) on Monday declined to proceed with the petition against the forced conversion of a Hindu girl and her subsequent marriage to a Muslim boy under alleged duress, when a senior advocate expressed lack of confidence in the bench.
The division bench comprising Justice Muhammad Ali M Shaikh and Syed Muhammad Farooq Shah had taken up the matter in a chamber as legal work at SHC was suspended on account of demise of Supreme Court Judge Justice (r) Saleem Akhtar.
Advocate Ghulam Qadir Jatoi, who represented the converted girl Salma (Anjali Kumari Meghwar), submitted an application, requesting the bench not to hear the case. In the application, he alleged that his client had received information that Sindh Chief Minister Syed Qaim Ali Shah had approached one member of the bench and asked him to favour the petitioner-Anjali’s father Kundan Mal Meghwar. On the Sindh CM’s instructions, the Sindh Assembly had also adopted a resolution, condemning the alleged forced conversion of the girl, he said.
“For this reason, my client was reluctant to sign my letter of attorney,” said the lawyer.
The judges expressed anger at him for moving an application without filing a letter of attorney and noted that without commenting on the issue of child marriage restraint or otherwise, more particularly in view of the behaviour and attitude of a senior counsel and betterment of congenial atmosphere between the bar and bench, they deem it appropriate that the matter may be placed before another bench.
Earlier, Kundan Mal Meghwar, the father of the convert girl had approached the court, requesting it to declare that “Anjali is underage and no statement under Section 164 of the Code of Criminal Procedure can be recorded at this stage and if her statement was necessary then any judicial magistrate in Karachi may be authorised to record her statement”.
The petitioner had further plead to the court to order provincial authorities to constitute a medical board comprising qualified gynaecologists and surgeons of Karachi to conduct her medical examination to ascertain her age.
Petitioner’s counsel Syed Ali Ahmed Tariq had submitted that the petitioner’s daughter, who was 12-year-old, was abducted and forced to convert to Islam. The counsel said Anjali was produced in the court of a judicial magistrate, who sent her to the shelter home. Following the court order, she was shifted to Panah Shelter Home in Karachi.
He said the girl’s family were dissatisfied with the probe conducted by the police into her kidnapping and forced conversion case, alleging that Ghotki police was reluctant to investigate the case impartially.