Uzma Ayub hearing: PHC dismisses Karak rape case, tells trial court to take over

Published: June 20, 2012
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Court withdraws suspension orders of 35 police officers. PHOTO: PPI/FILE

Court withdraws suspension orders of 35 police officers. PHOTO: PPI/FILE

PESHAWAR: After seven months of high-level inquiries, medical tests and startlingly conflicting statements, the Peshawar High Court failed to reach a conclusion on the alleged Karak rape. The court has now closed its file with directions to the trial court to decide the case on the evidence available.

“Four comprehensive inquiries were conducted by high-ranking officials. DNA and polygraph tests were also conducted and an extensive exercise was carried out on state expenses, but the court could not reach any conclusion. Why not close this case and ask the trial court to decide it on merit,” said Chief Justice Dost Muhammad Khan.

He was heading the division bench with Justice Waqar Ahmad Seth. “Uzma has appeared before the human rights cell of the court. She has been interrogated extensively and does not want to contest the case anymore,” CJ Khan said.

Ayub’s counsel Suriyya Jabeen and counsels for the alleged rapists also showed their willingness to handover the case to the trial court.

The court also withdrew suspension orders of around 35 police personnel, including ASI Hakim Khan, when he offered an unconditional apology. Uzma had accused 13 people, including police officers, of keeping her in custody for over a year and repeatedly raping her.

The court had also taken notice of the killing of Alamzeb Khattak, brother of the alleged rape victim, who was killed on a local court’s premises on December 9 last year. The PHC directed the district police officer of Karak to arrest the absconding accused.

Keeping in view the threats to Uzma and her family, CJ Khan issued instruction to officials of the home and tribal affairs to provide them security. Furthermore, the court has asked the establishment department to provide jobs to Uzma and her brother Zafran.

Kyrgz children custody

To resolve the custody dispute over two Kyrgyz children, the PHC has instructed a district judge to appoint a guardian judge of the family court to hear the case and dispose it off within 45 days.

Kyrgyz national Temirove Nurzhana who married Swabi resident Shaukat Ali in Kyrgyzstan in 2005 has accused her husband of bringing their two children to Pakistan without notifying her.

Nurzhana’s counsel Shaikh Riazul Haq, in Tuesday’s hearing, reiterated the mother’s request to give her custody of the children as they were Kyrgyz nationals. The counsel also informed that Nurzhana could not appear before the court as she had been receiving death threats.

However, Ali’s counsel Usman Turlandi informed the bench that both children had been studying at English medium schools in Mardan and were Pakistani nationals. Thus, he argued, they could not be handed over to their Kyrgyz mother.

After hearing the arguments of both counsels, the court decided that the issue was relevant to the family court. “Police child protection centre was given custody of Ahmad and Sudais. However, this is a matter exclusively cognisable by the family court. Hence, parties are directed to approach the family court within 10 days,” Chief Justice Dost Muhammad Khan said.

The CJ also directed the guardian judge to take up the matter for early disposal and that no date beyond three days be given for hearing the case.

Meanwhile, the Kyrgyz mission is trying to contact Nurzhana to ask her to come to Pakistan so that she can attend court proceedings. Toktorbaev Kuban, deputy head of mission, told The Express Tribune that the embassy had been trying to contact the mother but her poor financial position could be one reason for her absence from court.

 

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