Police granted 10 more days to complete probe in Tayyaba 'torture' case

Rs250 is the penalty for parents, guardian and employer in connection with pledging labour of a child, SC informed

ISLAMABAD:

The top court has granted police 10 more days to complete investigation of the continuing Tayyaba 'torture' case.

A three-member bench of the Supreme Court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, has been hearing the alleged torture case of the juvenile maid, after the top court had taken suo motu notice.

More time was given when the police informed the court that DNA report as well as an MLR report was also awaited.

The chief justice, however, remarked that the second interim investigation report submitted before the bench shows that the suspects and others have not properly been investigated, adding that it also seemed that they have not been asked questions and cross-examined during the investigation.

Additional District & Sessions Judge Raja Khurram Ali Khan and his wife, Maheen Zafar, were booked for allegedly torturing the 10-year-old child maid working in their house.

During the Wednesday hearing, it emerged that a fine of Rs250 is the total penalty for parents, guardian and employer in connection with pledging labour of a child in Pakistan.

During the hearing of a ‘tortured’ child maid case, the apex court was informed that the nearly three-quarter-old law related to child labour does not fully protect the child against the abuse as the penalties were too meagre and do not serve as deterrent to prevent child labour.

The top court bench was informed that the purpose of the penalties suggested in the Children (Pledging of Labour) Act 1933, was to discourage people from committing such offences and the fine was considered stupendous in the British-era which is not applicable anymore.

The counsel for the Human Rights Commission revealed before the bench that as per the law parents or guardian of the child making an agreement to pledge the labour of child can be punished with a fine of Rs50 while the employer could be fined Rs200.

“The law is too old,” he said, adding there is a dire need of making amendments and revising the existing penalties.



Earlier, the father of the victim girl ‘forgave’ the accused “in the name of God”. The Supreme Court, however, took suo motu notice in the case and overruled the pardon granted to the suspects by exercising parental jurisdiction in the matter.

During the hearing, the chief justice remarked that the court would not accept the compromise earlier made between the two parties in line with the statement of the maid father recorded before the bench.

In addition, he said that the court was conscious that the proceedings regarding handing over of the child were conducted in a hasty manner and without proper verification.



Justice Nisar inquired how the judge’s wife obtained bail in the case, asking if it was granted on the basis of the compromise. “What kind of a law is this where a child is beaten up and the offence is termed bailable,” the CJP remarked, adding, “Why shouldn’t bail be cancelled after reviewing the case all together.”

The counsel for Maheen, Sardar Aslam said that bail once granted could not be cancelled in a case registered under bailable sections of the law and there were several decisions available on this point. “Haven’t new sections been added in the FIR,” the chief justice replied.

The HRC’s counsel said that a bill in this regard was presented in the Senate but to no avail.

At this point, Justice Umar Ata Bandial said that the case involved issue of child employment, child abuse and involvement of parents. He added that middleman also played a role in the case. He also said that it is a social issue and children are being misused.

Justice Bandial sought assistance of the attorney general of Pakistan to address the issue.

The AGP Ashtar Ausaf Ali assured to provide assistance, saying Pakistan is a signatory of international agreements regarding child rights and would abide by them. He added that the prime minister wish to eradicate this menace.

The court adjourned the hearing till January 25.