Rehman Malik moves SC against IHC order in Cynthia case

ISLAMABAD: Senior leader of Pakistan People’s Party (PPP) and former interior minister Rehman Malik on Monday requested the Supreme Court (SC) to set aside the order passed by the Islamabad High Court (IHC) allowing writ petition of US blogger Cynthia D Ritchie.

The PPP leader prayed the apex court to grant leave to appeal under Article 185(3) of the Constitution against the impugned order of IHC dated September 1, 2020, allowing the writ petition of US blogger. He also prayed the apex court to set the impugned order and restored the order passed by the Justice of Peace.

Rehman Malik submitted that even if the allegation leveled by the respondent that he pulled down her pant to make her partially naked presumed to be correct, this does not make out a case for rape, as the necessary ingredients to constitute the offence of rape were absolutely missing from the complaint and no improvement can be made subsequently.

“Hence the Islamabad High Court fell in error by not appreciating that the only allegations leveled by the respondent (Cynthia D Ritchie) was that he pulled down her pant to make her partially naked”, Rehman Malik contended. He contended that the Islamabad High Court failed to appreciate that the compliant was lodged after a long and inordinate delay of more than 09 years and how veracity and sanctity can be attached to the same, especially when the same was lodged after the petitioner took suo moto notice of her allegations leveled against Ms Benazir Bhutto. He said that the matter was also examined by the SP who too found the allegations unsubstantiated and false.

Rehman Malik has made Cynthia D. Ritchie, Justice of Peace, Islamabad, SP Complaint, Islamabad and SHO, Secretariat, Islamabad as respondents in the appeal. The Additional Sessions Judge-West/Justice of Peace had dismissed the application of the US blogger seeking a direction to the police for registration of case against Rehman Malik.

Later on, feeling aggrieved by the order of Justice of Peace, the US citizen invoked the constitutional jurisdiction of Islamabad High Court by filling a writ petition. The learned Islamabad High Court vide order dated September 1, 2020 allowed the writ petition, setting aside the order passed by Justice of Peace.

Rehman Malik, however, in his appeal contended that the writ petition was not maintainable as apart from alternate remedy being available in law. He said that this petition was fixed before Justice Amir Farooq for 3rd September, 2020 and it was against the ethics of the legal court of procedure that the case was pulled out from court of Justice Amir Farooq in an evening before and the Chief Justice of IHC fixed the petition in his court without giving any notice to the respondents. He said that his attorney sought adjournment but was not given a chance to explain the situation when the high court stated that there is no need of the arguments and started dictating his orders.

Rehman Malik said that she has gone through various investigative procedure but failed to give any evidence except maligning and alleging him with hearsay, fabricated and she even could not give a date, time of alleged crime and she had changed her statements.

The former interior minister submitted it is a question of fundamental public importance which requires the authoritative pronouncement of the apex court as the impugned order would gravely effect his life, dignity, honour and respect besides other high profile dignitaries of the state and the sanctified fundamental rights granted under articles, 4, 9, 10-A, 14 and 25 of the Constitution.

On August 5, an Additional District and Sessions Judge had dismissed a petition of Ms Ritchie seeking registration of a rape case against Senator Malik after a police report termed the complaint baseless.

According to the police report, Ms Ritchie had neither produced any evidence to corroborate the allegation of rape nor had she placed any material on record to show that she had been harassed. In her application filed with the Secretariat Police Station on June 17, Ms Ritchie accused Mr Malik of raping her at his residence in 2011.

She had also stated that the former interior minister in connivance with former prime minister Yusuf Raza Gilani had employed the Pakistan People’s Party Media Cell to intimidate, threaten, harass and defame her on social media.

The police in response to the court order submitted a report stating that Ms Richie had not filed any complaint with the police station regarding her rape allegations back in 2011. The police had maintained that no medical report had been attached with the application as evidence to prove that she had been raped.