Karak rape case: PHC dissatisfied with judicial inquiry

Court holds police and HMC administration responsible for negligence.

PESHAWAR: The Peshawar High Court (PHC) has expressed dissatisfaction with the inquiry report on how the Karak rape victim’s baby was handed over to an NGO.

Earlier on January 21, the PHC had ordered a judicial inquiry to be conducted by the District and Sessions Judge Ziauddin Khattak to ascertain as to why Zeba, daughter of the alleged rape victim, Uzma Ayyub, was taken away from her. The court had held the police and administration of the Hayatabad Medical Complex (HMC) responsible for negligence.

“The judicial inquiry was ordered to record statements of the two NGO ladies, HMC administration, lady doctors at the labour room and SHO police station East and provide CCTV footage, but the court was not satisfied with it,” said PHC Chief Justice Dost Muhammad Khan while hearing the case here on Wednesday.

After viewing CCTV footage of the HMC labour room, the chief justice questioned Zubaida Khatoon as to why they took the newborn in their custody despite instructions by the PHC to keep Uzma Ayyub under strict security. He also came down hard on HMC’s medical superintendent Dr Syed Ali Khan saying the court, in 2008, had instructed the health department to impose a ban on the entry of aliens, including the child’s father, into the labour room.

“It’s a gross negligence on the part of the hospital,” he said adding that “we had almost concluded the case but you and police have ruined it.”

Senior Superintendent of Police Kohat Atiqullah Wazir informed the court that correspondence was being made with the surgeon for DNA tests which were likely to be arranged soon.

ASI Hakeem Shah, SI Muzaffar, Malik Bostan, Malik Dad Khan and DSP Subhan, who were issued a contempt of court notice, were also produced before the court.

Published in The Express Tribune, February 16^th, 2012.