livelawpk.com - The Supreme Court of Pakistan denied post-arrest bail to acc

The Supreme Court of Pakistan denied post-arrest bail to accused under the Ghag Act and Telegraph Act for coercing a marriage

4 months, 2 weeks
244

The Supreme Court of Pakistan denied post-arrest bail to accused under the Ghag Act and Telegraph Act for coercing a marriage

Islamabad 07-08-2024: The Supreme Court of Pakistan has dismissed the post-arrest bail petition of Raza Khan, accused under the Khyber Pakhtunkhwa Elimination of Custom of Ghag Act, 2013 (Ghag Act) and the Telegraph Act, 1885. The case, arising from FIR No. 459 of 2023 lodged in District Bannu, involves serious allegations of enforcing the archaic practice of Ghag.

The petitioner, Raza Khan, along with his sons, is accused of coercing the complainant, Zangu Badshah, to marry his daughter, Basmeen, against her will. Over the past nine years, the accused allegedly threatened and restrained anyone approaching the complainant for his daughter’s hand in marriage.

Despite a previous FIR in 2017 under similar charges, the accused were acquitted based on affidavits denying the Ghag claims. The situation escalated in May 2023, when the complainant arranged an engagement for his daughter, which was subsequently disrupted by the accused through threats and coercion, leading to the cancellation of the engagement.

Raza Khan’s bail application was initially rejected by the Additional Sessions Judge-II Bannu on January 29, 2024, and subsequently by the Peshawar High Court, Bannu Bench, on March 14, 2024. The Supreme Court, hearing the appeal, noted the gravity of the allegations under the Ghag Act, which prohibits demanding a woman's hand in marriage by force.

The Court referenced sections of the Ghag Act that define and prohibit the practice, prescribing severe penalties for violators. The petitioner’s counsel presented arguments for bail, which were opposed by the Additional Advocate General (AAG) and the complainant.

An attempt at settlement through Jirga proceedings on July 15, 2024, failed as the petitioner's son did not agree with the Jirga's decision. The Court, considering the non-bailable nature of the offenses and the lack of an agreed settlement, decided that the petitioner was not entitled to post-arrest bail.

The Supreme Court's dismissal of the bail petition underscores the judiciary's stance on enforcing laws against coercive marriage practices and protecting women’s rights in Pakistan.