A district and sessions court in Islamabad rejected the bail extension plea of accused Somia Asim – the wife of a civil judge – and ordered her arrest in the case of alleged torture of a teenage domestic worker believed to be underage.
In Monday’s hearing, the accused appeared with her lawyer before Additional District and Sessions Judge Farrukh Fareed seeking extension in her interim bail. She had previously been granted bail by the Lahore High Court (LHC) which was later extended till August 7.
After the hearing, the accused was arrested and transferred to the Women Police Station. She will be produced in court on Tuesday, where the police were expected to seek remand.
During the hearing, the accused’s lawyers questioned the chronology of events while maintaining that their client was not responsible for the torture. They suggested that the girl’s parents were responsible for it.
The girl’s mother was also in the courtroom and broke down on several occasions. The accused started weeping when her bail plea was rejected.
The case made headlines nationwide after images of the bruised and battered girl, said to be 14 years old, went viral in the last week of July. In the aftermath of the incident, it was revealed that she was employed at the residence of a civil judge, with the girl’s parents saying that she had named the judge’s wife as her abuser.
The courtroom was packed on Monday, when the hearing started at 8:30am. After the case record was presented, the accused lawyer sought an adjournment, with the hearing resuming after 10am.
When the hearing started after the interval, the court called the accused Somia Asim to the rostrum.
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.
Asim's lawyer also claimed that there had been a "media trial" before the case was heard.
The defendant’s lawyer said that the girl’s medical took place on July 24 while the FIR was registered on July 25. He said procedure dictates for the medical to place after the FIR.
The defence also argued that the accused had appeared before a joint investigation team (JIT) and pleaded her innocence before it while adding that her bail should be extended till the JIT gives it report. The judge turned it down.
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”.
The prosecutor also objected to the videos that the accused's lawyer had referred to earlier saying. "This is all made up," he said. 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.
Published in The Express Tribune, August 8th, 2023.
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