The High Court yesterday completed hearing on a suo moto rule on the Deputy Commissioner of Naogaon to show cause why action should not be taken against him for failing to take action against a fatwabaj (one giving edicts in the name of religion) whose fatwa devastated the life of a housewife.

The edict led to her hilla (forced marriage) with another man and subsequent refusal by her first husband to accept her.

The HC would deliver its judgement in the case today.

A Division Bench of the HC comprising Justice Golam Rabbani and Justice Najmun Ara Sultana had issued the suo moto rule on December 2 follow-ing a newspaper report. The report narrated the plight of Shahida, wife of Saiful Islam Chunnu of village Atikha in Sadar upazila of Naogaon, due to a fatwa given by Maulana Haji Azizul Islam of the locality.

During a family feud about a year and a half ago, the report said, Chunnu allegedly divorced Shahida wife by pronouncing talak which was claimed to have been overheard by the Maulana, their neighbour.

However, the couple continued to live together and had a child.

On November 16, the Maulana seeing Chunnuaway from home on a visit to his sister's house in another village issued an edict that Shahida should go for a hilla to resume marital relations with her 'divorced' husband . His sons immediately forced Shahida to marry another man. On return home, Chunnu refused to

accept Shahida as wife and sent her to her father's house, the report added.

The HC took cognizance of it and issued the rule.

On Behalf of the Ain-O-Salish Kendra, Dr Kamal Hossain filed a writ petition as Intervenor. The court called Barrister Tania Amir as Amicus Curie.

Dr Kamal Hossain yesterday argued that if there is a clear order terming such acts illegal, then those giving such fatwa would know that they cannot walk away with impunity. He urged the court to distribute copies of its judgement in all places in the country.

He maintained that in the name of fatwa, helpless women are victimised.

Dr Kamal submitted that when Chunnu pronounced talak, Shahida was already

conceiving for five months.

On behalf of the state, Deputy Attorney General (DAG) Syed Mahmud Hossain said that the DC of Naogaon ,Lutfor Rahman, had instructed police on December 2 to take action against the fatwabaz and his accomplices. The victim also filed a case with Naogaon thana on December 3 and Maulana Azizul Islam was arrested on Decmebre 6. Masuddunanbi who solemnised the hilla and four others were also arrested.

At the initiative local Union Parishad, Shahdia has returned to Chunnu and is living with him, the DAG said quoting from an affidavit submitted by the DC. The DC stated that there were no lapses on his part to apply law against the offender.

Barrister Tania Amir said that Muslim Family Ordinance does not allow giving such fatwa and it is a punishable offence under Section 508 of the Penal Code.