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January 6, 2017

SC takes up Tayyaba torture case today

Top Story

 
January 6, 2017

Victim, her parents missing from their residence;
six HR organisations file petition against minor’s maltreatment

ISLAMABAD: The Supreme Court (SC) will take up today (Friday) suo moto case regarding torture on minor maid servant working in the house of Additional District & Sessions Judge, Islamabad, Raja Khurram Ali Khan.

The Chief Justice of Pakistan, Justice Mian Saqib Nisar, after submission of report by Registrar, Islamabad High Court (IHC) in the matter fixed it in court today (Friday) and issued notices to Advocate General, Islamabad, DIG and SSP, Islamabad, to appear along with the relevant record and to ensure production of the victim minor and her parents and near relatives mentioned in record. 

However, it was reported that the victim Tayyaba and her parents were missing from their residence. Similarly, notice had also been issued for attendance of accused Mrs Maheen Zafar while learned D&SJ Islamabad West had been directed to ensure production of record and proceedings of the case. 

Chief Justice Mian Saqib Nisar, the other day, took suo moto notice of torture on a minor maid servant working in the house of Additional District & Sessions Judge, Islamabad, Raja Khurram Ali Khan.

The Chief Justice took notice on media reports that the minor maid servant was allegedly beaten up brutally and she was badly beaten and her hands were burnt and reportedly the matter had been patched up and compromised. 

Taking the cognizance of issue of alleged maltreatment and subsequently reported patch-up and compromise, the Chief Justice of Pakistan had ordered to call a detailed report from Registrar, Islamabad High Court, Islamabad, within 24 hours.

Meanwhile, six human rights activists from Karachi, Lahore, Islamabad and Peshawar moved a joint constitutional petition in the Supreme Court requesting it to take disciplinary action against Additional District & Sessions Judge Islamabad Raja Khurram who violated law by employing a minor Tayyaba and torturing her.

The Human Rights activists filed the petition under Article 184(3) of the Constitution through senior lawyer Asma Jehangir, making Additional District and Sessions Judge Islamabad, Raja Khurram Ali Khan, his wife Maheen Zafar, ASJ Atta Rabbani and Interior Ministry as respondents.

They informed the court that Human Rights Ministry and Benazir Bhutto Crisis Center, which had received information from neighbours and domestic helper in neighborhood, an FIR was lodged by I-9 Police Station regarding the illegal confinement and torture on minor Tayyaba.

It was submitted that in pursuit of the FIR police raided the house of ASJ Khurram and recovered and produced her before Assistant Commissioner Potohar Nishaa Ishtiak who recorded the statement of minor whereby she confessed that she had been regularly abused and tortured by ASJ’s wife Maheen Zafar.

They submitted that on the next day, the wife was granted pre-arrest bail from the court of another ASJ West Islamabad Raja Asif Mehmood Khan and on the same day, another ASJ Atta Rabbani sent court order to recover minor Tayyaba from crisis center.

On the argument, the ASJ then threatened the law officer of crisis center that an FIR would be lodged against all those working at center unless minor was not produced, they added. The petitioners submitted that a number of Law Officers of the Crisis Center along with child Tayyaba went to the session courts where a number of lawyers did not allow them to accompany the minor in session court. 

The atmosphere was threatening and hostile and the law officers were accused that they were tarnishing the image of judiciary and hence had no right to practice law”, the petitioners informed. It was further informed that the minor was handed over to parents through back door after compromise between the parents of child Tayyaba and ASJ’s wife.

They stated that the court handed over the minor without any proper investigation which was illegal and smacked of mala fide intentions by ASJ Atta Rabbani, who was dealing with the matter, the petition added.

They contended that it was very clear that influence had been used in this case to cover up a crime or to brush aside an incident that might or might not have occurred, adding that it was the case of misuse of power, extending impunity to those who could manipulate the system and could be a case of gross criminal act by Maheen, the wife of ASJ.

The petitioners prayed the apex court to take disciplinary action against Additional District & Sessions Judge Islamabad Raja Khurram who violated law by employing a minor Tayyaba and torturing her.

 

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