ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar has expressed displeasure on the final investigation report of the ongoing Tayyaba torture case, saying several aspects were yet to be explained.
The country’s top judge regretted how the police report failed to explain the loopholes in the ‘compromise’ acquired and approved under questionable circumstances; hasty handover of the child maid, and the counsel’s suspicious role in this regard.
Tayyaba was employed by Additional District and Sessions Judge Raja Khurram Ali Khan at his house in Islamabad. The judge and his wife, Maheen Zafar, are accused of keeping the girl in wrongful confinement, burning her hand, beating her with a ladle, detaining her in a storeroom, and threatening her with even worse.
The story of the juvenile maid was picked up by the media after it went viral on social media on December 29. Subsequently, the police registered a case, while the Islamabad High Court took notice and directed the registrar to initiate an inquiry.
However on January 3, the parents, a paternal aunt and uncle of the juvenile housemaid pardoned the sitting judge and his wife. “I have forgiven him in the name of God,” the girl’s father and others stated in identical affidavits.
The Supreme Court took suo motu notice of the incident; overruled the ‘pardon’, directing the police to present the girl.
The CJP has remarked that the court would look into all the aspects of the case, adding the bail obtained by the accused judge and his wife could also be cancelled.
The three-member bench headed by the CJP said it would see if an extraordinary step should be taken, or the matter be decided under the prevailing laws as “there in no specific legislation for child rights”.
The Supreme Court chief justice remarked the court could question the session judges who approved compromise and granted the child’s custody in a rush. He also questioned who penned the compromise between the parties, and if the lawyer was investigated yet.
Justice Bandial, one of the judges in the bench, questioned why those involved in girl’s employment were investigated, saying the recorded statements appeared incomplete despite court’s earlier directions.
The CJP directed advocate general Islamabad, prosecution, counsel for Human Rights Commission and rights activists to assist the court in deciding how such happenings could be prevented in future.
He also gave three weeks to the parties to give their input on the issue of domestic work and workers, while granting police one-week’s time complete the investigation and submit a final report.