The Lahore High Court (LHC) has sent two girls Shamile Raj and Shehzina, who got married with each other, to jail and issued show-cause notice to doctor Abdul Hafeez, who operated upon Shamile Raj for converting her sex to a male. The court also directed SHO Jhang to produce him before the court on May 25, 2007.
The court sent Shamila to Central Jail Kot Lakhpat and Shehzina Tariq to district jail Faisalabad and directed to confine (her/him) in the female ward.
The court observed that Shamile Raj had placed on record an affidavit in which she had claimed herself to be a male sex while Shehzina Tariq had sworn in an affidavit in which she had also admitted her marriage with Raj so the affidavit, which she submitted before the court, was correct to the extent of marriage with each other.
The court also issued show cause notice to doctor Abdul Hafeez, who operated upon Shamile Raj and directed him to explain as under what law he was authorised to conduct operation of this nature and directed SHO to produce him before the court on next date of hearing. The court also directed the office to prepare a separate file of Dr Abdul Hafeez for proceedings against him.
Earlier, Khalid Mahmood, Inspector/SHO PS Jhang Bazar, Faisalabad produced both Shamile Raj and Shehzina Tariq before the court as they had deliberately absented from the court for the last two dates of hearing and the court had issued their non-bailable arrest warrants.
The court observed that during the last date of hearing medico-legal report of Shamile Raj was submitted, which showed that Shamile Raj was a girl. According to the report she got her uterus removed because she was bothered by the periods and she got married nine months back but was unable to perform sex.
The medical report said that history of Shamile Raj and examination went in favour of female sex except hirstusim (hairs on the face) and deep voice. The report also confirmed the sings of stitches on the front of chest for removal of breasts. The court went through the said report, and observed that although the report suggested Shamile Raj a female, some more investigations were advised.
The court observed that when Shamile Raj was asked on Tuesday that why she had told a lie in an open court, she submitted that she had made a wrong statement as some of her friend was present in the court. But now admitted herself a girl so there was no need of further tests in this regard, the court added.
The father of Shehzina, Tariq Hussain had already approached the court for putting their names on Exit Control List (ECL) and court had issued the directions in his favour.
Tariq while expressing apprehensions about the girls fleeing out of the country had contended that both the girls were missing for many days and police even after court orders had failed to produce them before the court.
He said they were trying to prepare their documents to go abroad. Some NGOs in Pakistan had managed to take such girls abroad in the past and now were supporting his daughter to go abroad.
Earlier, Shamile Raj had approached the august court, seeking protection from police and their families' harassment. She on court direction was examined medically and proved to be a lesbian. The couple Shamile Raj and Shezina Tariq moved the LHC contending that they contracted marriage according to the Muslim rites with their sweet will and free consent on September 09, 2006.
However, father of Shehzina, Tariq Hussain with the connivance of SP Madina Town, Faisalabad and SHO Jhang Bazar Faisalabad were harassing them. In spite of clear direction of ASJ, SP summoned the petitioners, their friends and relatives and asked them if Shamile Raj did not divorce to Shehzina Tariq, they would have to face dire consequences, the petitioner alleged. Later, the proceedings of the case unfolded new facets of the case.
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