Justice Z K Saiyed of the Gujarat High Court (HC), refusing to grant bail to a Muslim man who had allegedly posed as a Hindu to marry a woman, on Friday rebuked him saying he should not have done that being a “Saiyed”.

Justice Saiyed was hearing the bail petition of one Ashmatali M Saiyed, who is in judicial custody on charges of domestic violence and cheating. Ashmatali is accused of marrying a woman from the Hindu community by faking his identity. It is alleged that Ashmatali, who was already married and has children, did not reveal his religion to the woman before his second marriage.

”How can I allow this petition? You (petitioner) are a married person. I will book you for your offence. You are a Saiyed and I am also from the same community. Saiyeds are gurus of Muslims,” said Justice Saiyed in the open court.

He asked Ashmatali’s lawyer about the first wife of the petitioner and the lawyer replied that she was living with her in-laws. Not satisfied with answer, Justice Saiyed expressed his annoyance.

Following the argument, Ashmatali’s lawyer said that he would prefer to withdraw the plea. Justice Saiyed, however, said: “I would oblige you by making an observation in the order.” The court later allowed Ashmatali’s lawyer to withdraw the bail petition.

Ashmatali’s bail petition had earlier been rejected by a sessions court on May 30.

The sessions court had then observed: “It is significant to note here that the accused being a Muslim, posed as a Hindu and got married to a Hindu girl… in my view the offence against the accused is serious and such offence is taken lightly it will have an adverse impact on the society.”

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