Child maid rape case: Senior politician held for 'settling' matter in jirga

Despite SC's suo moto notice, Sardar Taj Muhammad Domki said the girl would never have received justice from the...

KARACHI: The police arrested on Monday a senior politician and an influential feudal lord, Sardar Taj Muhammad Domki, belonging to upper Sindh, days after he held a jirga to settle the gang rape case of a 12-year-old maid, in which the Chief Justice of Pakistan Justice Saqib Nisar took suo moto notice on May 11, and then claimed that the girl "would never have received justice from the court".

On the directives of higher authorities, Kashmore-Kandhkot SSP Dr Samiullah Soomro ordered the registration of an FIR against Domki and arrested him, confirmed Kandhkot C-Section police station SHO Muhammad Sadiq Odho. The FIR has been registered against the girl's father, the father of one of the alleged rapists and 12 others, on behalf of the state for settling the matter in a jirga.



According to the SHO, raids were being conducted to arrest the remaining accused. The FIR No 89/2017 had been registered under sections of 310, 419, 117 and 143 of Pakistan Penal Code on the complaint of ASI Muhammad Murad Lashari.

Domki held a jirga during which a settlement was done and a fine of Rs1.8 million was imposed on the accused from Sorhiani family. Even though the CJ took suo moto, not a single hearing has been held of the case so far.

The 12-year-old girl was subjected to gang rape by her employers in Karachi's Malir Cantonment area after she was intoxicated. Seven persons were nominated in the FIR, including Rahib Sorhiani and his sons and nephews, under sections 337 and 376 of the Pakistan Penal Code on charges of rape and injury.

Addressing a press conference on Sunday, Domki said both the parties had agreed to the decision made under his supervision and as per the rules set by the jirga. The complainant will also file an application in the court to withdraw the case of which suo moto notice has been taken and the police have also presented its report, Domki added.



Domki was of the view that the girl's family, who are the complainants, was misguided and he is helping them through a judgment made by the jirga. "If I had not intervened in the matter, the girl would never have received any justice from the court," claimed the feudal lord, who is chief of Golo tribe.

While speaking to human rights representatives, the girl's paternal uncle claimed that the accused have confessed to the crime. "They came to us with the Quran separately and then also went to Domki with the Quran," he said. "They have confessed and hence, they agreed to pay the settlement money. If they denied the crime, then why would they consider paying the settlement amount? Who would have paid us?" he questioned.

Another paternal uncle of the girl, who is currently handling the case on behalf of her father, told The Express Tribune that he does not want to comment on the issue because he wants to settle without any further trouble.

Rights activist and lawyer Jibran Nasir, who wrote a letter to the Supreme Court's human resource cell on May 19, had raised the issue that the girl's family is allegedly being pressurised to settle the case out of court. Nasir told The Express Tribune that they had requested the CJP to provide security to the girl and her family and make arrangements for her physical and mental well-being.



Nasir believes Domki has shown utter disregard for the fact that the country's top judge has taken notice of the issue. He added that in 2013, the then CJP held that in those rape cases in which the complainant does not come forward with evidence due to a settlement out of the court, the courts themselves would come forward because rape is a crime against society.

In 2004, the Sindh High Court imposed a ban on all trials conducted under the jirga system across the province and ordered that those found violating the orders will be charged with contempt of court, irrespective of their status or influence.