Thread! IMPORTANT DISCLOSURE ABOUT #HumaYounus CASE!!!
Since the news of #Arzoo's case I have received innumerable requests to highlight case of Huma and act as lawyer for her parents and with these growing request I feel it is important to share why we are unable to do so...
The tyranny Huma has been subjected to is as much the doing of her abductor as it is the doing of her parents & certain church officials & charities who prey on the tragedies of victims in their pursuit to secure funding from intl NGOs. In Dec 2019 Huma's parents contacted me...
It had already been a few weeks since Huma's abduction & child marriage & parents weren't satisfied with their lawyer. They requested our legal services and we agreed and were engaged pro bono by parents on 13th December & signed Vakalatnama for both trial court & high court...
we immediately on 14th Dec wrote complaints addressed to all concerned depts:
1. Police
2. Sindh Child Protection Authority
3. Sindh Commission on Status of Women
4. Sindh Human Rights Commission
5. National Human Rights Commission
6. Chief Minister Sindh...
However, before we could make any progress in Court Huma's parents withdrew my Vakalatnama only after 3 days & told me they are under pressure from their Church to only engage lawyer provided by it & not engage us. Later I learnt family was also given monetary incentives...
That on 19 Dec Huma's parents specifically wrote application to Trial Court informing it that they are withdrawing my Vakalatnama and that their old lawyer will continue to represent them after which I was barred from making any legal representation on behalf of Huma's parents
However, in response to our complaints written on 14 Dec the Sindh Commission on Status of Women took notice of case on 20th Dec but we are not legally allowed to pursue it as lawyers anymore. Unfortunately it was also not pursued by lawyer Parents were made by Church to engage
That this lawyer which Huma's parents in question were as per them partly forced and partly lured to engage not only ruined the case by not appearing and filing necessary pleadings in court but also grossly misrepresented Court proceedings to the media.
Fake news was spread that Honorable Sindh High Court has passed orders that since Huma has reached puberty and had her first menstrual cycle her child marriage is legal. This news was spread to give an impression that Pakistani judges are some sort of islamic extremists wheras
this news was spread to give an impression that Pakistani judges are some sort of extremists and are enforcing some perverse version of Islamic Shariah. Whereas in reality the High Court in its supreme wisdom has ordered an age test for Huma.
But the fake news was done to gather more support for the family i.e. more international funding. God knows if family got any of that money collected or was it only kept by those collecting money in their name. Thing became so bad that Sindh High Court had to issue Press Release
Please note that Huma just like Arzoo had filed a harassment petition before Sindh High Court claiming just like Arzoo that she is 18, has accepted Islam out of free will and has willfully married and the FIR for her kidnapping is false. That like Arzoo case SHC ordered age test
At this stage Huma's lawyer in fear of the truth being exposed about Huma's real age withdrew the petition from SHC. Huma's parents lawyer should have objected and informed the high court that petition is being withdrawn so that result of age test is not brought before Court...
But no effort was made by this lawyer and Huma's abductor got away and they were allowed to do so without objection as it elongated the misery of Huma's parents and hence kept the channel for making appeals for more funds open. Then in trial Court police submitted age test report
Huma age test stated she was around 15 years of age. still the Learned Trial Court did not entertain that test report and cancelled the FIR declaring it 'C' class. The lawyer of Huma's parents again did not raise any objection and again allowed Huma's abductor to get away.
This is all part of court record not brought before media & charities/church officials/lawyers involved in hounding Huma's family & benefiting from this tragedy kept making appeals for more funds. Those who follow christian media news websites would be well aware of such appeals
That after I in personal conversations with some member of the christian clergy and activists circles informed that about these details on how Huma's case has been ruined, the word of course travelled back to the perpetrators. And finally to save face after having not filed any
pleadings before High Courts and not having pursued the FIR the only remaining option to save face by the lawyer was to file a private complaint under CrPC 200 which they did and under which complaint Non Bailable Warrants for accused have been finally issued. But...
this complaint may unfortunately also fail on technicality as it has been made under Sindh Child Marriage Act whereas Huma's Nikahnama was executed in Multan, Punjab. It is also important to mention that in August 2020 Huma's parents visited me again and...
Apologizing for their initial decision and requested me again to take the case. In the same meeting they informed me that Huma is now pregnant. I asked them that if I agree to take the case can they confirm if they will not again back out under either pressure or incentives...
They were not able to confirm. I asked that despite their ability to confirm if I still take the case and we are able to secure custody of the girl through Court what have they thought about Huma's pregnancy; Will they allow her to deliver the child or not? Will they support her
emotionally and monetarily if she chooses to have the child? Will they help her in getting proper help for the both the psychological and physical trauma which will follow after she is made to realise that what happened was not love between two adults but she was
victim of child seduction and sexual abuse? I didn't lay any condition on the parents on what answer I preferred to hear fro5m them but the response the parents gave was enough to excuse myself and refuse to take the case. The parents replied:...
"We just want our daughter back. We don't care what happens to her after she is back. This has now become an issue of "HONOUR" for us in the community."
I do not wish to represent parents who are more interested in some misconceived sense of honor than their daughter's welfare..
and who were swayed by monetary benefits then actual justice in the case. However, I put the real responsibility on the lawyers and the NGOs and officials of the concerned Church involved who despite their awareness of law and ability to help chose to exploit the parents and the
case to secure their own funding and media coverage. This mafia is also cruel that they even tried to cash in Arzoo's tragedy but publishing online blogs under Arzoo's name as victim but using Huma's exact story. I also put responsibility on our State which despite claiming to be
an Islamic Welfare State has failed to secure the interest of children and our religious minorities. We lack legislation and the political will to implement the laws we already have. Where parents fail or are unable to perform their natural role the State should step in to become
guardian. When the State fails to do this it is as much guilty of the crime of child abandonment as the parents. But at the same time it's also important to celebrate and acknowledge those who have resisted all pressures to ensure Arzoo's case doesn't meet the same fate as Huma..
Real credit for all progress made so far goes to feminist collective #SiasiAurtain and their members Ghazala Shafique & Safina Gill. May God's wrath be upon those who prey on miseries & vulnerabilities of the poor and the weak. May God bless Huma and Arzoo and all our children!!!
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