Shoaib Malik is doomed - Ayesha files FIR under the infamous 498A (non-bailable)
This is bad news for Malik. Indian women have been using the infamous section 498A to get revenge against their husbands and/or in-laws. This is a non-bailable offence, which usually means the husband and his family is arrested and stays in jail until the trial is over and the court decides in their favor. Search the net for misuses of 498A.
Shoaib already cannot leave the city without permission, and immigration has been notified. If the police decides, Shoaib may be arrested and his passport confiscated.
Shoaib charged with cruelty, cheating
TNN, Apr 5, 2010, 02.13am IST
HYDERABAD: The Shoaib Malik-Ayesha Siddiqui tangle turned murkier on Sunday with the latter slapping serious charges against the Pakistani cricketer with the police.
Acting on the complaint filed late in the afternoon, the Banjara Hills police registered cases against Malik under sections 498A (subjecting married woman to cruelty), 420 (cheating) and 506 (criminal intimidation) of the IPC.
Police said Ayesha has alleged that Shoaib married her, then harassed her over petty issues and later denied the nikah ever took place. Now, the complaint says, Shoaib is trying to marry again without her consent.
Ayesha also alleged that Shoaib had offered her $1 million to keep the wedding under wraps and threatened to take her life in case she went to the media. A copy of the nikahnama was attached to the complaint, which was signed by Ayesha and brought to the police by her father.
Two of the sections applied are non-cognizable offences which empower us to effect arrests. They are non-bailable too, a police official said. Officials of the west zone police told TOI they might question Shoaib.
Hyderabad poilce commsioner A K Khan said Shoaib cant leave the city without permission. Imigration authorities have been told to keep a look-out for him.
Legal experts said that by registering an FIR under section 498 A cruelty to a married woman by her husband or his relatives the police have accepted Ayeshas claim of being married to Malik.
We are seeking legal opinion to see if the alleged offences were committed in India or abroad. The marriage did not take place in India. We will have to figure out whether the provisions of IPC can be applied on Malik, a foreign citizen, additional commissioner of Hyderabad police Thirumal Rao said.
We are looking for some prima facie evidence that supports the allegations ofs the complainant, R R Girish Kumar, director general of Andhra Pradesh police, told TOI.
If we are able to secure some proof, his passport can also be seized. The Pakistan high commission needs to be informed only if we have to arrest Shoaib. But, as of now, all this is theoretical discussion, a senior police official said.
Meanwhile, it is learnt that the Siddiquis have hired a top notch lawyer, Mahmud Ali, to fight their cases. Among other clients, Mahmud Ali represents the interests of the Nizams trusts.
Sources said the state police were in a tizzy because of the impending high profile marriage of Shoaib with tennis star Sania Mirza. The consensus in the top circles was that they would have to tread carefully in the case but yet be seen to be acting fairly in the matter.
Shoaib charged with cruelty, cheating - Sania-Shoaib wedding - Events & Tournaments - Sports - The Times of India
