ISLAMABAD: The Islamabad High Court (IHC) on Friday directed the parents of Tayyaba, a 10-year-old girl who was tortured at a judge’s residence, to appear in court to verify their statements exonerating the accused judge and his wife from all charges.
Additional District and Sessions Judge Raja Khurram Ali Khan, and his wife, Maheen Zafar, are facing an inquiry for their alleged involvement in keeping Tayyaba in wrongful confinement, burning her hand over a missing broom, beating her with a ladle, detaining her in a storeroom, and threatening her with dire consequences.
IHC Justice Mohsin Akhtar Kayani directed the authorities to produce Tayyaba’s parents on May 10 so that their statements could be recorded and verified in light of the affidavits that were submitted earlier, in which they had pardoned the accused in the case.
Justice Kayani also questioned the state’s “silence” in the child abuse case.
In Friday’s hearing, Advocate General (AG) Mian Abdul Rauf informed the court that the parents had joined the investigation and their statements ? recorded before the Supreme Court of Pakistan ? supported the prosecution’s version.
“However, now their statements are different from the ones they have recorded before the SC,” he said.
Justice Kayani asked the AG if there was a legal hindrance in the case which might have compelled the parents to enter into a compromise with the accused in such haste.
In his reply, Rauf said that the SC was the guardian of the minor in the case. In January, the apex court had overruled the pardon granted to the suspects and exercised parental jurisdiction in the matter.
In his arguments, the AG further said that sections of the Pakistan Penal Code inserted in the First Information Report (FIR) could not be compounded, adding that the parties could only reach a compromise once the suspects were indicted.
However, the defence attorney, Raja Rizwan Abbasi, raised an objection, stating that the law did not say that the suspects needed to be indicted for the parties to be able to reach a compromise. “Thereby, it is the right stage in the case to compound the matter,” he said.
The defence counsel also questioned under what authority police had lodged a case using non-compoundable sections, adding that the statement of the minor under Section 164 of the Criminal Procedure Code was recorded before the registration of an FIR.
At the last hearing, Tayyaba’s parents had told the court that they had forgiven what happened to their daughter, stating in their affidavits that they had forgiven the judge and his wife “in the name of God”.
“The case in question is inaccurate and was registered on the basis of baseless allegations. I personally investigated the matter. I reached a settlement with Raja Khurram Ali Khan and his wife Maheen Zafar with my free will and am forgiving them unconditionally,” said each of the affidavits.
Subsequently, Tayyaba’s father Muhammad Azam and mother Nusrat Bibi stated that they had reached a compromise with the accused without any pressure or fear.
Azam and Nusrat stated that they did not wish to pursue the case, and would have no objection if the suspects were granted bail or were acquitted.
