US
court grants Guantanamo rights
Detainees being held by the US military at Guantanamo Bay in Cuba should
have access to lawyers and the US court system, a federal appeals court
has ruled.
The
court said their detention was contrary to US ideals. It did not accept
that the US Government had "unchecked authority".
The
ruling relates to the case of a Libyan national captured in Afghanistan
and currently being held at Guantanamo.
About
660 people are currently being held as "enemy combatants"
at the base.
"Even
in times of national emergency... it is the obligation of the judicial
branch to ensure the preservation of our constitutional values and to
prevent the executive branch from running roughshod over the rights
of citizens and aliens alike," said the ruling by the Ninth Circuit
Court of Appeals.
It
added it could not accept the position that anyone under the jurisdiction
and control of the US could be held without "recourse of any kind
to any judicial forum, or even access to counsel, regardless of the
length or manner of their confinement".
The
decision comes shortly after another US federal appeals court ruled
that US authorities did not have the power to detain an American citizen
seized on US soil as an "enemy combatant".
That
ruling, by the US Second Circuit Court of Appeals, related to the case
of so-called "irty bomb" suspect Jose Padilla.
*****
Guardian's
consent not required in marriage
The Supreme Court of Pakistan upheld the verdict of Federal Shariat
Court allowing adult Muslims girls to marry without consent of their
'wali' (guardian). In a detailed judgement, the apex court observed
that female adult is not required the consent of her guardian or father
to enter into valid marriage.
The
appeal was filed by Hafiz Abdul Waheed against the verdict of Federal
Shariat Court. In the mid 90s Waheed's daughter Saima had married without
the consent of her father against which a bench of Lahore High Court
gave a controversial judgement disallowing adult girls to marry without
their free will, a verdict that caused lot of complications for young
couples at the hands of the police.
There
was lot of controversy at the time of verdict as Waheed, known for his
"religious links" accused human rights activist Asama Jehangir
of criminal charges. Asma then had raised concerns of her security in
wake of threats by Waheed.
The
Supreme Court while setting aside the decision of Lahore High Court
observed that the marriage in question is not illegal" due to lack
of consent of guardian".
The
Federal Shariat Court while allowing Muslim girl attaining puberty had
declined to give her in the custody of her guardian. Shariat Court had
also ruled that admission by a couple of being married would be construed
as proof of marriage. Attorney General for Pakistan in his arguments
had also supported Shariat Court judgement.
Source:
Foundation for the Advancement of Community Education (FACE), Pakistan
& BBC News.