SHC orders couple’s protection
HYDERABAD, Oct 15: “My relatives got my abortion done during my captivity and I and my husband need protection because I apprehend threat to our lives at the hands of my relatives and parents”, Humera Kamboh told Dawn as she came out of a chamber of Sindh High Court Hyderabad circuit bench here on Wednesday.
“I was three months pregnant when my relatives forced me to opt for abortion in Rahim Yar Khan, Punjab. But I wouldn’t disclose their names. It happened when I was forcibly taken away by them in Hyderabad in July while I was returning with my husband after hearing of my case”, remarked a nervous Humera after a division bench of Sindh High Court allowed her to give her statement in chamber instead of open court. She poured her heart out before the two judges of high court which then passed a detailed order in the petition, filed on her behalf by her parents.
A division bench of Sindh High Court Hyderabad circuit bench comprising Justice Faisal Arab and Justice Dr Rana M. Shamim stayed the proceedings in the couple’s family suit pending before a court in Kotri taluka. The court strictly directed Humera’s parents against taking law into their hands and if any harm came to couple then they would be dealt with strictly in accordance with law.
Her husband Pervez Akhtar Chachar also turned-up in court along with his counsels, Zahoor A.Baloch and Parveen Chachar. His wife Humera Kamboh appeared along with her parents and requested the judges to hear her in the chamber.
According to court order, she said that her fake nikahnama was prepared with Akbar Ali by her parents and uncles. She apprehended before the judges that she and her husband might be killed by her relatives and parents because police are also in league with them. She said that police might implicate her and her husband in false case. She told the court that she had been kidnapped while she was returning along with her husband from Kotri.
The judges called her husband Pervez Akhtar Chachar whom she identified as her husband and said that she wants to live and die with him.
The Additional Advocate-General (AAG) Sindh, Allah Bachayo Soomro, under court’s directives spoke to DPO Hyderabad and superintendent central prison Hyderabad regarding security measures that were to be taken under court’s order.
The court directed that couple would stay in central prison’s rest house under security of prison and police guards. It observed that representatives of two NGOs namely Mr.Zia Awan and Mrs.Rasheeda Patel should be contacted as well and one of them must be present in the court on Thursday to take the couple with them to Karachi and ensure protection to them till their arrangements for residence are made. The court stayed proceedings in family suit but directed police to proceed against accused, named in FIR no 241/08 lodged on the complaint of Humera’s husband with Qasimabad police.
It was quite a complicated case and proceedings at different levels of courts were involved in the matter, ranging from family court Kotri to sessions judge Ghotki and then to principal seat of SHC Karachi, Sukkur and Hyderabad circuit benches.
“My wife’s parents and relatives have committed a crime by forcing her to carry out abortion and action should be taken against them and full protection should be provided to us”, Chachar said. She had been subjected to different excesses. My wife was warned by her relatives in court today that her husband would be murdered if she opted to stay with him”, said Pervez Chachar.
He said that constitutional petition (293/08) on which the court had passed order today was proved to be a blessing in disguise for me. “Today I got my wife without even asking for it although I had been fighting for it since January this year when I married her in Sibi, Balochistan”, he said and added that his wife was kidnapped on July 18, 2008 while they were returning from Kotri after attending hearing of their civil suit.
Through this petition (CP293/08), the petitioner had sought quashment of FIR 241/08 against accused.
According to Humera’s counsel, Parveen Chachar, “her parents got Humera’s abortion done when she was probably five months pregnant”. She said that Humera appeared before court in CP 293/08, filed on her behalf on the ground that she was kidnapped by Pervez Chachar and that she had been married to one Akbar Ali. She stated that Humera’s parents had brought her sister Sumera, for signing of affidavit in petition and she had noted that anomaly. On September 10,2008 the court had directed the petitioner to appear in person before the court and also issued a notice to be served through DPO Ghotki to ensure attendance of petitioner Humera before the court on October 15.