A local court in Islamabad rejected the bail application of the primary accused, Somia Asim, in a case concerning the brutal torture of a teenage girl employed as a domestic worker at her residence.
Previously, a first information report (FIR) was registered at the Humak police station on the complaint of the victim’s father, Manga Khan. It contained sections 506 (criminal intimidation) and 342 (wrongful confinement) of the Pakistan Penal Code (PPC).
Earlier this week, a district and sessions court granted interim bail to the accused until August 7 [today] against a surety bond of Rs100,000, directing her to cooperate with the investigation and appear before ADJ Farrukh Farid at the next hearing.
The accused -- who happens to be the wife of a civil judge -- was grilled yesterday by a five-member joint investigation team (JIT) as she appeared before the high-level probe panel.
Sources said that Somia Asim during her appearance before the JIT claimed herself to be innocent, stating that the teenage girl was neither employed at her house nor did she work there.
In her bail application, the accused had termed the allegations levelled against her in the FIR "baseless, concocted and result of exaggeration". She maintained that the teenage maid was hired with the consent of her parents and no physical violence was committed against her.
However, during the hearing today, Additional District and Sessions Judge Farrukh Fareed rejected Asim’s bail application and ordered her arrest.
Read Heartless man ‘tortures toddler daughter to death’
Her lawyer argued before the court that the evidence the defence had produced had not been recorded by the police. "We have video evidence that the girl was fine, she sat by the bus stand and drank juice," he said adding that the accused had repeatedly asked the victim's family "to come and take her back".
"This evidence was not placed on record by the investigating officer," the lawyer complained.
The judge remarked that whatever evidence the counsel wished to bring forward could be included in the investigation.
The court inquired from the police whether the statement of the accused was written on the record upon which the written statement of the accused was presented before the court.
While giving arguments, the lawyer of the accused further told the court that "You see in the video, the girl is looking fine, nothing like what was written in the FIR. The girl waited for the bus stop for three hours."
The judge inquired when the girl left and when her medical was completed.
"The girl went on July 23 and the medical was done on the 24th. The FIR is dated July 25," the lawyer responded. He also added that "I have read about 70 per cent of the FIR and there is no evidence for [the claims] whatsoever".
"We have another video from a hotel where there is another character [involved] as well," the lawyer said. Asim's lawyer also lamented that there had been a "media trial" before the case was heard.
After the arguments of the lawyer of the accused were completed, the prosecutor started his arguments and told the court that "the defence has argued that they had not been made a part of the investigation, although he himself said that his statement was recorded. Instructions cannot be given to the investigating officer to investigate in any way. Regarding intelligence agencies not being part of the investigation, they can raise these concerns with the relevant forum."
The prosecutor also objected to the videos that the accused's lawyer had referred to earlier saying, "This is all made up". He also urged the court not to take a soft stance because of the gender of the accused arguing that "this way all criminals will say we should have women commit the crimes so that it is easier to get bail".
The prosecution also pointed out that the plaintiff's lawyer has not challenged the medico-legal report.
Once all arguments were completed, the judge ruled in favour of the prosecution and instructed the authorities to arrest the accused while also ordering her to cooperate with the investigation.
Dramatic scenes were witnessed at this point as the lawyer pleaded for the arrest to be deferred and said that the legal team would prefer to challenge the verdict in Islamabad High Court. At this point, the accused began to cry and there was a minor scuffle reported between the lawyers and the police.
Later, the judge ordered for the courtroom to be cleared and a heavier contingency of the Islamabad police was brought in to secure the premises.
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