Orders IHC to add charges of slavery, human trafficking; Justice Saqib says issue to be taken to logical conclusion
ISLAMABAD: The Supreme Court (SC) on Wednesday halted the trial court proceedings in the Tayyaba torture case and directed the Islamabad High Court (IHC) to consider transferring the matter to its own jurisdiction while invoking legal provisions of law.
A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard a civil miscellaneous application, filed by Asma Jehangir in a suo moto case regarding the Tayyaba torture case.
Chief Justice Mian Saqib Nisar on January 4 took suo moto notice of torture on maid girl, Tayyaba, who was tortured allegedly by the family of Additional District and Sessions Judge, Islamabad, Raja Khurram Ali.
On the very next day, human rights activist Asma Jehangir filed an application in the Supreme Court seeking action against the accused judge. On Wednesday, the Supreme Court, after staying the proceedings of the trial court, ordered the IHC to consider transfer of the said matter to its own jurisdiction, add relevant charges of slavery and human trafficking and refer it to another court within 15 days for adjudication.
The SC gave these directions after Asma Jehangir, representing some civil societies, disclosed to the court that relevant charges of slavery and human trafficking were not included in the challan submitted to the trial court.
“Keeping in view of the background of the instant case, we, while exercising our jurisdiction under Article 184(3) of the Constitution, direct the learned high court to consider the case, pending before District and Sessions Judge Haider Ali Shah, titled State verses Maheen Zafar," the court ruled in its order.
The court asked the learned high court to consider as to whether the instant matter should be transferred to its own jurisdiction under Section 526(3) of CrPC of its own initiative thereof in 15 days or recommend a suitable forum for adjudication of the matter in hand.
“In the meantime, the proceedings in the instant matter, being pending before the trial court is stayed," the court ruled in its order. Earlier, during the course of hearing, Chief Justice Mian Saqib Nisar observed that they had taken this issue and would take it to logical conclusion.
Asma Jehangir, while appearing before the court, contended that she was being asked to back off from the instant matter, adding that at the same time the State was not interested to perform its obligation in this particular case.
The chief justice, however, asked Asma as to which is the competent forum to include these relevant charges. Trial court, Asma replied. The court then asked as to whether any body had approached the trial court.
She replied that under Section 526 of CrCP, only an interested party or the learned advocate general can approach for transfer of the case. She said that when the state is not helping out in the matter, then the court should direct transfer of the case, adding that there should be a direction to the state to appoint a special prosecutor
The chief justice observed that it is the responsibility of the State to ensure protection of life. “We will try to achieve the objectives within the jurisdiction of law and the Constitution,” the chief justice said.
The chief justice questioned as to whether they can direct the learned high court to add the charges of slavery and human trafficking. "What prevents us to issue direction to learned High Court”, the CJP asked further.
The court was informed that there is no restriction and the apex court has the mandate under Article 187 to direct the high court. Additional Attorney General Rana Waqar told the court that the apex court could examine it under Article 187 of the Constitution when fundamental right is involved in a matter.
“Your lordship, in the light of the instant case, may use parental jurisdiction for issuing an order to the high court,” the law officer added. Later, the court adjourned the hearing until March 21 with the ruling that the issue of custody of the minor would be decided and asked Asma Jehangir to continue assisting it.
