SC dismisses appeal in child maid torture case
Justice Isa says there will be no suspension of the sentence of the convicts
REPRESENTATIONAL IMAGE
ISLAMABAD:
The apex court on Thursday dismissed an appeal filed by a former district and sessions judge and his wife against their conviction for torturing their child maid.
This was decided by a three-member bench of the Supreme Court (SC), comprising Justice Mushir Alam, Justice Qazi Faez Isa and Justice Sardar Tariq Masood as they heard the pleas of former judge Raja Khurram and his wife Maheen Zafar.
During Thursday’s hearing, the petitioner’s counsel Rizwan Abbasi argued that Khurram has been in jail since June 11, 2018, while his wife has been under arrest since September 3.
He said that the suspects had been sentenced to serve three years in jail along with the imposition of fines. Abbasi argued that the couple was eligible for bail law owing to the short punishment period.
He pleaded the court to grant bail to both suspects.
At this, Justice Isa said that they had reviewed the entire record of the case and that there will be no suspension of the sentence.
“The punishment would either be upheld or end based on the arguments,” Justice Isa remarked.
Abbasi went on to contend that the wounds found on the child maid’s body were caused accidentally.
At this, Justice Isa asked whether all the 22 wounds found on her body were accidental
The lawyer went on to argue that the victim had admitted that the suspects never beat her while the medical report represented that all the wounds were inflicted during the burning of a match.
Justice Isa asked how could a doctor determine whether the wound was accidental. Hence, he maintained that only the victim’s statement would be considered correct in this matter. The counsel went on to argue that the child maid had stayed at the suspects’ house for only two months while her wounds were older than that.
At this, Justice Isa remarked why the suspects did not take her to any hospital for a medical examination if the wounds were accidental and if they did so, they should provide the evidence for that.
The counsel argued that Khurram had taken the 10-year-old to the hospital but a doctor’s testimony was not included in the case.
Justice Isa noted that the maid’s family was very poor and could be pressurized while the suspects’ had the power to alter the facts and realities. Moreover, he observed that the law which the lawyer was referring to was regarding the injuries of adults and added that it was a different case since a child was involved.
Meanwhile, Islamabad Advocate General read the child maid’s statement out loud in which she had stated that Zafar used to beat her and had burnt her hands on the stove. He urged the court to further enhance the sentence of the two suspects by including the sections in which the trial and high courts had acquitted them.
At this, Justice Tariq noted that there was no evidence in any of the statements which confirmed that the suspects threatened the victim’s family. The court adjourned the case until Monday.
Govt assures to rebuild Jamia Hafsa
The SC disposed of the suo motu case regarding the Lal Masjid after the government provided assurances of rebuilding the Jamia Hafsa seminary.
A two-member bench of the Supreme Court (SC), comprising Justice Gulzar Ahmed and Justice Yahya Afridi heard the case.
At the beginning of proceedings on Thursday, Attorney General of Pakistan (AGP) Anwar Mansoor Khan assured the court that the seminary will be rebuilt and that the government will operate it.
The AGP also presented a sealed report regarding Lal Masjid and Jamia Hafsa to the court. He explained that he was presenting the report this way because it was a sensitive matter.
At this, Justice Afridi said that it was the respondents’ right to see the report if there was no law against it.
Justice Ahmed observed that there was nothing sensitive in the report and added that it was merely a document signed by the magistrate.
He went on to ask whether the government was allotting a plot to build the seminary or not.
The AGP replied that a 200 yards plot, similar to plot on which the original seminary was built, will be given to them.
The court added that they were only looking at the issue of the plot.
Justice Gulzar asked whether the government will advertise positions given that they will have ownership over the seminary.
The court remarked that there was no reason to continue the case after assurance from the government and disposed of the case.
Meanwhile, Tariq Asad, the lawyer who was representing Lal Masjid, argued that the case should not be disposed of without addressing other issues such as the Lal Masjid operation.
He added that acquiring a plot was not the purpose of the case. At this, Justice Ahmed asked him to identify the issues while a sessions court will decide issues pertaining to payment of blood money. The court directed to file a separate application for hearing of other issues.
Fahd Malik murder suspect’s bail suspended
The Islamabad High Court (IHC) on Thursday suspended the bail of Raja Arshad, the main accused in the murder of Barrister Fahad Malik. The bail was suspended until the verdict on an appeal filed by the victim's family against the trial court decision is issued.
The bench also summoned a record of the case from the Anti-Terrorism Court (ATC).
A divisional bench comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani heard the appeal filed by the victim’s family in which they challenged the bail of main accused Raja Arshad.
WITH ADDITIONAL INPUT FROM SAQIB BASHIR
Published in The Express Tribune, May 3rd, 2019.
The apex court on Thursday dismissed an appeal filed by a former district and sessions judge and his wife against their conviction for torturing their child maid.
This was decided by a three-member bench of the Supreme Court (SC), comprising Justice Mushir Alam, Justice Qazi Faez Isa and Justice Sardar Tariq Masood as they heard the pleas of former judge Raja Khurram and his wife Maheen Zafar.
During Thursday’s hearing, the petitioner’s counsel Rizwan Abbasi argued that Khurram has been in jail since June 11, 2018, while his wife has been under arrest since September 3.
He said that the suspects had been sentenced to serve three years in jail along with the imposition of fines. Abbasi argued that the couple was eligible for bail law owing to the short punishment period.
He pleaded the court to grant bail to both suspects.
At this, Justice Isa said that they had reviewed the entire record of the case and that there will be no suspension of the sentence.
“The punishment would either be upheld or end based on the arguments,” Justice Isa remarked.
Abbasi went on to contend that the wounds found on the child maid’s body were caused accidentally.
At this, Justice Isa asked whether all the 22 wounds found on her body were accidental
The lawyer went on to argue that the victim had admitted that the suspects never beat her while the medical report represented that all the wounds were inflicted during the burning of a match.
Justice Isa asked how could a doctor determine whether the wound was accidental. Hence, he maintained that only the victim’s statement would be considered correct in this matter. The counsel went on to argue that the child maid had stayed at the suspects’ house for only two months while her wounds were older than that.
At this, Justice Isa remarked why the suspects did not take her to any hospital for a medical examination if the wounds were accidental and if they did so, they should provide the evidence for that.
The counsel argued that Khurram had taken the 10-year-old to the hospital but a doctor’s testimony was not included in the case.
Justice Isa noted that the maid’s family was very poor and could be pressurized while the suspects’ had the power to alter the facts and realities. Moreover, he observed that the law which the lawyer was referring to was regarding the injuries of adults and added that it was a different case since a child was involved.
Meanwhile, Islamabad Advocate General read the child maid’s statement out loud in which she had stated that Zafar used to beat her and had burnt her hands on the stove. He urged the court to further enhance the sentence of the two suspects by including the sections in which the trial and high courts had acquitted them.
At this, Justice Tariq noted that there was no evidence in any of the statements which confirmed that the suspects threatened the victim’s family. The court adjourned the case until Monday.
Govt assures to rebuild Jamia Hafsa
The SC disposed of the suo motu case regarding the Lal Masjid after the government provided assurances of rebuilding the Jamia Hafsa seminary.
A two-member bench of the Supreme Court (SC), comprising Justice Gulzar Ahmed and Justice Yahya Afridi heard the case.
At the beginning of proceedings on Thursday, Attorney General of Pakistan (AGP) Anwar Mansoor Khan assured the court that the seminary will be rebuilt and that the government will operate it.
The AGP also presented a sealed report regarding Lal Masjid and Jamia Hafsa to the court. He explained that he was presenting the report this way because it was a sensitive matter.
At this, Justice Afridi said that it was the respondents’ right to see the report if there was no law against it.
Justice Ahmed observed that there was nothing sensitive in the report and added that it was merely a document signed by the magistrate.
He went on to ask whether the government was allotting a plot to build the seminary or not.
The AGP replied that a 200 yards plot, similar to plot on which the original seminary was built, will be given to them.
The court added that they were only looking at the issue of the plot.
Justice Gulzar asked whether the government will advertise positions given that they will have ownership over the seminary.
The court remarked that there was no reason to continue the case after assurance from the government and disposed of the case.
Meanwhile, Tariq Asad, the lawyer who was representing Lal Masjid, argued that the case should not be disposed of without addressing other issues such as the Lal Masjid operation.
He added that acquiring a plot was not the purpose of the case. At this, Justice Ahmed asked him to identify the issues while a sessions court will decide issues pertaining to payment of blood money. The court directed to file a separate application for hearing of other issues.
Fahd Malik murder suspect’s bail suspended
The Islamabad High Court (IHC) on Thursday suspended the bail of Raja Arshad, the main accused in the murder of Barrister Fahad Malik. The bail was suspended until the verdict on an appeal filed by the victim's family against the trial court decision is issued.
The bench also summoned a record of the case from the Anti-Terrorism Court (ATC).
A divisional bench comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani heard the appeal filed by the victim’s family in which they challenged the bail of main accused Raja Arshad.
WITH ADDITIONAL INPUT FROM SAQIB BASHIR
Published in The Express Tribune, May 3rd, 2019.