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  5. Hyderabad Police Question Shoaib, Seize His Passport

Hyderabad Police Question Shoaib, Seize His Passport

Hyderabad Police on Monday seized the passport of Pakistani cricketer Shoaib Malik as they questioned him in the wake of a complaint of cheating lodged by the father of a local girl Ayesha Siddiqui claiming

PTI Updated on: April 05, 2010 14:42 IST
hyderabad police question shoaib seize his passport
hyderabad police question shoaib seize his passport

Hyderabad Police on Monday seized the passport of Pakistani cricketer Shoaib Malik as they questioned him in the wake of a complaint of cheating lodged by the father of a local girl Ayesha Siddiqui claiming that she was married to him.


But 28-year-old Shoaib told a police team this morning at the Jubilee Hills residence of 23-year-old tennis star Sania Mirza that he had been tricked into marriage with Ayesha.

"The city police have questioned Shoaib Malik for one-and-a-half hours and they have also seized his passport. Immigration authorities have been informed about the case filed against Malik and his passport seizure," Additional Commissioner of Police (Coordination) Dwarka Tirumala Rao said.

Rao said, "As part of the investigation, a police team visited Sania's residence today. We are probing the matter."

 In fresh trouble for the Pakistani cricketer, the team reached the posh Jubilee Hill residence of Sania where Shoaib has been staying since his arrival here on Saturday following a complaint lodged by the father of Ayesha, Mohammed Siddiqui at the Banjara Hill police station. 

Sania and Shoaib are scheduled to get married in Hyderabad's Hotel Taj Krishna on April 15.

"We are trying to collect evidence. Shoaib is cooperating and Sania is supporting him. They say they know the truth behind the whole issue," a police official said after the team talked to the cricketer.

During questioning, Shoaib told the police that he had been "cheated" by the Siddiqui family and tricked into marriage, he said.

The Pakistani cricketer had on Sunday claimed that he was emotionally forced into the 'nikahnama' with the Hyderabad girl but said the marriage was invalid as her family had cheated him and ruled out divorce.

He said to this day he has not met the girl whose photographs were sent to him by the Siddiqui family purported to be that of Ayesha.

The charges against Shoaib are that of harassment of Ayesha, cheating to marry another girl and criminal intimidation including threats to her to keep quiet, according to Hyderabad Police Commissioner A K Khan.  Ayesha's father in his complaint, which was lodged hours after Shoaib yesterday confirmed his marriage with Sania, had accused the Pakistani cricketer of cheating his daughter.

The Banjara Hills police said that a case under Sections 420 (cheating), 498-A (dowry harassment) and 506 (criminal intimidation) of IPC has been registered against Shoaib and they will take up the investigation after verifying facts of the complaint.

Khan said an FIR has been made out and it would be followed by collection of evidence and taking legal advice since Shoaib is a Pakistani national.

"The Banjara Hills police have received a complaint by Ayesha Siddiqui against Shoaib Malik. We have registered a case against Shoaib. Now we will take legal opinion quickly before taking further action," Rao had said.

He said there were some legal complications involved in the case and they "will have to examine whether a foreigner committing an offence on a foreign soil comes under the purview of IPC or not".

"The legal opinion will be taken quickly and we will proceed further as the marriage is on April 15," he added. PTI

Meanwhile, Ayesha Siddiqui, who claims to be the first wife of Shoaib Malik, has in her FIR has demanded that the wedding of Shoaib Malik and Sania Mirza fixed for April 15 at Hotel Taj Krishna, Hyderabad be stopped forthwith. 

In her FIR Ayesha Siddiqui has implored the DGP of Andhra Pradesh Police and Hyderabad Police Commissioner  that her husband Shoaib Mirza is in Hyderabad and was giving statement about their marriage to news channels. 

In her FIR, Ayesha has claimed that she is the first legally wedded wife of Shoaib Malik, who is presently staying in the house of Imran Mirza, father of tennis star Sania Mirza in Banjara Hills. 

In her FIR, Ayesha has claimed that their marriage took place on 3.6.2002 and she and Shoaib also stayed in Taj Residency Hotel in Hyderabad that year.  In the FIR, Ayesha has stated that Shoaib had visited her house on March 30 that year alongwith members of Pakistani cricket team and had then stated that he was fortunate to have become the Man of the Match  in his wife's city. 

In her FIR, Ayesha has also alleged that Shoaib's family has offered her Rs 5 crore to keep her mouth shut about this wedding and has threatened to eliminate her and her family if she opened her mouth, which amounted to criminal intimidation (Sec 498A IPC). Shoaib has also been charged of cheating and suppressing facts.

In her FIR, Ayesha has requested police to stop the so-called ‘first wedding' of Shoaib Malik and give her the legal rights of being Shoaib's first wife.

Ayesha Siddiqui's Complaint

In her complaint, Ayesha  has alleged that Shoaib Malik used to harass and torture her over petty reasons. She also said that he had offered her one million dollars to tell the media that he had not married her and that the nikah didn't take place. She also alleged that Malik had threatened to eliminate her and her family members. 

“He even informed me that he had hitmen placed at right places to eliminate me and my family members. However, being an Indian Muslim woman I flatly refused his offer (of a million dollars) and got prepared to be killed and die as the wife of Shoaib Malik,” she said. 

She added that all these years she had kept quiet thinking that her husband would repent his behaviour and would accept her as his wife. 

“My husband is now trying to get married by suppressing his first marriage with me. As per Muslim law he cannot contract the second marriage without my permission,” she said in the complaint. 

“The marriage of my husband with Miss Sania Mirza, if performed as proposed, could be his second marriage and I would always remain his first wife. Besides cheating, he defamed me and my family members. We are respectable citizens and due to his accusation we cannot move out,” alleged Ayesha. 

“My husband is presently in Hyderabad and all leading newspapers and TV channels are saying that he is engaged to Sania Mirza. I submit that my husband is guilty of offences under 498 A of the IPC for the acts of cruelty and also guilty of domestic violence, cheating, defamation besides depriving me of my legitimate right. He is guilty of suppressing the facts of marriage and of threatening us with dire consequences,” her complaint added. 

In her complaint, Ayesha said that Shoaib had presented her father his bat on April 8, 2004 that he had used during the India-Pakistan One Day International series as a gift. The bat was signed by all the cricketers. She also said that Malik had gifted her a Man of the Match Trophy In 2005. 

She said that a legal notice had been sent to her father on March 20, 2008 by Malik's advocate Ramesh Gupta who claimed that no marriage had taken place. The legal notice stated: “You are aware of the fact that over internet/telephone, my client was dishonestly misled by another girl whose photographs she had mailed to him. It is true that my client was interested in marrying that girl whose photographs was mailed to him believing her to be Ayesha... It is also a fact that my client visited Hyderabad twice and even met you and your family... That my client was persuaded by your daughter to send by post a nikahnama, a printed form, with his signatures from Sialkot as he was made to believe that it would subsequently be used when there would be a nikah between him and the imaginary Ayesha, whose photographs were mailed to him...” 

Ayesha said in her complaint, “No person of ordinary prudence would sent blank nikahnama with his signatures as is alleged by my husband Shoaib Malik. This is nothing but a cover-up operation of his misdeeds. The marriage was valid and there is no illegality.” 

She added that their marriage had been admitted by Malik at various stages. In a post-match interview in Hyderabad on March 30, 2005, Shoaib had allegedly said that he was very happy to receive the Man of the Match award in his wife's home town. 

She said that her marriage was performed on June 3 in 2002 as per Muslim customs and that they had stayed at different hotels after the wedding including the Taj Residency. 

“He had visited Hyderabad several times with his team mates and my family had organised get togethers. We used to make calls to each other and keep ourselves updated about the well being of ourselves and our family members. We also used to exchange gifts on several occasions,” alleged Ayesha. The charges
 
Section 498-A: states that whoever, being the husband or relative of the husband of woman, subjects such woman to cruelty shall be punished with the imprisonment for a term which may extend to three years and also be liable to a fine.

Section 420 of IPC: Once a person is booked under this section, it is difficult to obtain bail unless there are strong proofs of his innocence. Maximum punishment is seven years.

Section 506: Punishment for criminal intimidation- whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term that may extend to two years, or with fine, or with both.

All three offences are non-bailable offences where the bail will only be granted depending upon the proof presented in the court in the said matter.

More 

Shoaib Says 'Nikah' With Ayesha Invalid
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