The prison authorities let Shumail leave with his mother and brother and the
family immediately left for Faisalabad.
The Lahore High Court (LHC) sentenced Shumail to three years of imprisonment on
May 28. The prison authorities had confined him to a separate room in the
women's block and had treated him as a woman. His perjury sentence was appealed
at the Supreme Court, which allowed him bail. However, even after the bail
grant, Shumail was kept in custody because he could not come up with bail
bonds. After an 18-day period of being granted bail, his mother was able to
take him home.
When approached by reporters, his mother and brother refused to comment.
However, Shumail expressed happiness over the release. He said Shahzina's
(counterpart in the same-sex marriage) father was threatening him and asking
him to put his act together or else he would "teach the couple a lesson". He
also said that the threats would not stop him from continuing to fight the
case, however he demanded police protection.
He alleged that the Kot Lakhpat jail's administration tortured him mentally by
tying him up and locking him in a separate cell.
The case started with Shumail and Shahzina, who got married on September 9,
2006, reporting to the sessions court that Shahzina's father, Tariq Hussain and
a couple of policemen were harassing them. The additional sessions judge (ASJ)
ruled in the couple's favour, however the pestering continued. The couple then
appealed to the LHC. When the matter came to LHC, Tariq told the judge that
Shumail was a transman, earlier named Nazia, and he had had his breasts and
uterus removed. The judge directed for confirmation and Tariq's allegation
proved to be correct.
Shumail had also told the court earlier that he was a man, which was refuted in
court.
The marriage between Shumail and Shahzina proved to be same-sex, but they did
not qualify to be punished under section 377 of the PPC (unnatural act).
However, the judge sentenced them to three years of imprisonment and a fine of
Rs 10,000 each for perjury, as they filed a false affidavit in court on
Shumail's sex. The judge ordered Shahzina to be jailed in Faisalabad and
Shumail in Kot Lakhpat. A petition challenging the LHC verdict was filed in the
Supreme Court on June 18.
