On January 22, the Supreme Court approved the post-arrest bail for Muhammad Irfan, who was detained under allegations of marrying a minor, following a thorough review of the case by a three-member bench.
The bench, which included Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar, and Justice Ishtiaq Ibrahim, deliberated on the application amidst claims from the complainant’s counsel that Irfan had not only abducted a girl below the age of 16 but also stolen gold and cash from her residence.
In contrast, the defense, led by counsel Muhammad Sadiq Awan, argued that the girl had willingly entered into a court marriage with Irfan. It was noted that her recorded statement before a magistrate corroborated this claim. The defense also mentioned that the girl was a twin, and her sister had been married three years prior, an attempt to contextualize the family situation which the bench found unnecessary.
During the proceedings, the justices sought clarification on the necessity of the case if both parties consented to the marriage. Justice Kakar pointed out the repeated affirmations by the girl regarding her consent, questioning the basis of the legal challenge if the marriage was consensual.
Justice Ibrahim inquired about the potential proceedings under the Child Marriage Act and the associated penalties, which prosecutors noted could extend up to 16 years and four months. Following these discussions, the court decided to grant bail to Irfan, conditioned on a surety bond of Rs100,000.
