PHC directs ghag accused to produce elders

PESHAWAR: The Peshawar High Court (PHC) on Monday directed an accused in “ghag” customary practice case to produce elders on the next hearing.

The accused has applied for bail. He was arrested on the charges of using the word ‘ghag’ on a girl and hurling threats at the family members.

A single bench of Chief Justice Yahya Afridi took up the bail petition of the accused person. He observed that it was a sensitive and complicated case. He directed the accused to produce elders of the area on the next hearing to be held on September 18.

The accused had filed the bail application in the high court after he was denied bail by the district courts.

Muhammad Saud Khan, brother of the “ghag” victim Kalsoom Bibi and his lawyer Shah Nawaz Khan appeared on behalf of the victim in the case.

“Ghag” is a customary practice in which a man lays claim to a girl for marriage and ensures that the girl cannot receive marriage proposal from any other man.

Shero village falls in the jurisdiction of the Katlang Police Station, where the victim’s brother claimed that his cousin Rabnawaz alias Nawaz Khan had invoked “ghag” on his sister six years ago. He complained that since then Rabnawaz had been creating hurdles in the marriage of his sister.

Muhammad Saud said though the police had arrested the accused after he got registered a case against him under the “ghag” law, he is still worried as his family is at risk from the accused once he is released from the prison.

The accused then secured his release on bail from the district court.

However, due to complaints of the victims and the life threats by the accused person to the victim girl and family members the police again arrested him in another FIR lodged on July 28, this year.

Saud claimed that the accused was hurling threats at his family from the prison. He said that Rabnawaz was criminal-minded and this was the reason he was asking the government and police to provide protection to his family.

The PHC Human Rights Cell has also taken notice of the issue and directed district and sessions judge of Mardan to submit inquiry into the case.

An official said that the district and sessions judge of Mardan had completed the inquiry to be submitted in the PHC.

Earlier, the IG Police had also taken notice in the case and asked the Mardan police to submit a detailed report in the case. However, he had announced that the girl was free and ordered the police to give protection to the family from the accused person.

The victim family was dissatisfied with the police efforts in the case to resolve the issue as the accused was adamant on “ghag” against the girl.

Under the Elimination of Custom of Ghag Act 2013, whoever used “ghag” to ask for a girl’s hand in marriage would be punishable with imprisonment for a term no less than three years, which may also be extended to seven years, and a fine of Rs0.5 million.

Under this practice, a man who declares “ghag” on a girl may not be able to marry her but the custom covertly serves as a means to seek revenge from families and is a threatening tool to resolve disputes.