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Tayyaba torture case: IHC dismisses accused’s application


March 14, 2018

ISLAMABAD: In the matter of a juvenile housemaid Tayyaba, who was allegedly tortured by the wife of an ADSJ Islamabad in December 2016 and after media reports, Supreme Court had taken suo motu notice; Justice Aamer Farooq of the Islamabad High Court Tuesday conducting trial in this matter dismissed an application of the OSD judge Raja Khurram Ali Khan, who alleged that the incident was given a media hype due to the interests of a property tycoon against whom he had passed certain orders.

Additional district & session judge Khan who was later made an OSD is an accused in this case alongside his wife Maheen Zafar. In the recent application, OSD judge sought from the court to summon revenue details of an advertising company M/s Pakistan Advertisers Society and Brain Communication from the FBR related to the media advertisements.

He adopted that a property tycoon was behind all this as he as an ADSJ had passed orders against him and media at the behest of the tycoon created unnecessary hype in this matter. In his application, Khan adopted that record would prove his innocence and that he became victim of media hype.

IHC Justice Farooq however dismissed his application after preliminary hearing while declaring it as a part of delaying tactics. IHC observed that though the accused wanted to place the abovementioned record in his defence to prove that he had been subjected to media trial but even in case if the record is summoned and examined it never nullify the wrongdoing of the accused.

The court order reads that the police registered FIR after occurrence, and the media started highlighting the issue after registration of complaint.

IHC which is conducting trial of this case under Supreme Court orders on May 16, 2017 had rejected a compromise deed between the accused persons and Tayyaba’s parents and indicted both husband and wife. As per charge sheet against OSD judge Raja Khurram Ali Khan and his wife Maheen Zafar were accused of keeping the minor Tayyaba under wrongful confinement committing an offence under Section 342-PPC. Secondly, Maheen Zafar caused injuries (multiple small wounds on cheek and below angle of mandible contact burn) to minor Tayyaba that is a punishable offence under Section 337-A(i) PPC. Maheen Zafar is also charged with the allegations causing injuries to Tayyaba like contact burn healed wounds on right arms, right wrist and right hand, on left mid arm over deltoid area, dorsum of left index finger extended up to MP joint of left hand, left little finger, left lower arm, right thigh and right buttock that is punishable offence under Section 337-F(i) PPC.

Maheen Zafar was also accused of extending threats of dire consequences to the minor girl not to disclose her maltreatment to anyone. As per charge sheet, this offense is punishable under Section 506 (ii) PPC. Court has charge-sheeted both husband and wife of ill-treatment, neglect, abandonment, harmed and causing injuries to Tayyaba who was under their care. This offence is punishable under Section 328-A PPC.

IHC bench had also charged sheeted Raja Khurram Ali Khan with the allegations of making Tayyaba disappear to screen the co-accused Maheen Zafar from the legal consequences that is punishable under Section 201 of PPC.

  On March 8, a three-member Supreme Court bench headed by the Chief Justice Mian Saqib Nisar had stopped the judicial magistrate to continue proceedings and directed IHC to consider relocation of the trial under Section 526 of CrPC for fair trial. At the moment, IHC bench was conducting trial and recording evidence of the prosecution witnesses.

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