The Rawalpindi Bench of Lahore High Court (LHC) on Friday ordered the Rawalpindi police chief to provide security to Ali Aakash, formerly known as Asma Bibi, and present him before a medical board in the case involving two girls who have contracted marriage.
As Justice Sadaqat Ali Khan heard the matter, the counsel for Aakash presented a report on coronavirus and said the test was negative. However, he could not appear before the court for being suffering from fever.
With the prosecution arguing for presenting Aakash before the medical board and submitting a reply, the defence counsel argued that there was a serious threat to the life of his client and thus wasn’t in a position to appear in person.
His lawyer also informed the court that they could not trust the Rawalpindi police for providing security and requested that the Lahore police should be directed to protect Aakash.
However, the judge directed the Rawalpindi CPO to provide security to Aakash and present him before the board for a medical check-up by August 4.
But Assistant Advocate General Mujib-ur-Rehman Kiyani told the court that Akash was in Lahore, not Taxila after which the defence counsel was directed to provide his address.
Moreover, Kiyani also argued that the marriage between two women wasn’t permissible in Islamic laws.
At this point, the judge observed that the court had three options – the case should be sent to the additional sessions judge Taxila, the LHC pass the orders itself, or the lawyers assist the court.
However, the assistant advocate general said that the medical examination of Aakash was necessary in all the options.
The case came into limelight after it was reported that the two girls from Taxila had tied the knot officially through court marriage by tricking the judge as one of them managed to get the status of a boy using the state apparatus to her advantage.
Later, the father of one of the girls – Neha – moved the LHC Rawalpindi Bench which accepted the petition and summoned the two “accused” on July 15.
According to the petitioner, Asma married her daughter in a local court after amending her CNIC (computerised national identity card) fraudulently and changing the name to Aakash.
He said the nikah was registered in Ward No 10 of Taxila Cantonment Board, adding that the change in sex was impossible in Pakistan and against Sharia.
On the other hand, the BBC Urdu shared more details of the episode and said the father – Amjad Shah – his 20-year-old daughter previously studied at a private school where she developed relations with her teacher (Asma) who lived nearby.
Later, he added, Neha studied computer science and got a job at the same school.
Amjad also mentioned in the petition that he stopped Neha from going to school after it was revealed that the two had a relationship. He claimed that the area police did not take action as he approached them after the marriage episode.
It is said Asma informed the counsel for Amjad about changing her sex after she was contacted.
At previous hearing on July 21, the LHC had rejected the prosecutor’s request to place the name of Aakash on exit control list (ECL).
The counsel for Aakash informed the judge that he could not appear before the court because of being a suspected coronavirus patient.
However, the court was not happy with that and ordered to present the coronavirus report while suspending the hearing for a brief period.
When the proceedings were resumed, the prosecutor argued that it wasn’t possible that Aakash got infected as Aakash was tested on the very day of appearing before the court during the previous hearing.
Also, the Taxila Police Station SHO informed that the court that the houses of both Asma and Neha had been found to be locked, adding that the two were currently in Lahore.
On July 15, the LHC had ordered the officials to conduct a medical test of the two girls by forming a four-member board.
During the hearing, Aakash told the court that he was a male and having a married life. Similarly, Neha said Aakash was her husband and a complete male.
