Kasur child porn scandal: LHC turns down govt request for judicial probe

Parliamentary resolutions passed, condemning the ‘heinous crime’

ISLAMABAD/ LAHORE: Lahore High Court (LHC) Chief Justice Manzoor Ahmad Malik has rejected a Punjab government request for a judicial inquiry into the Kasur child pornography scandal. This came as the lower and upper house of parliament passed resolutions condemning the ‘heinous crime’ and urging the government to make sure justice is delivered and perpetrators are taken to task.

“Police are already investigating the cases, as such, there is no justification to hold a judicial inquiry or to nominate district and sessions judge Kasur for the said purpose,” says a letter written by the LHC registrar to home secretary.

The Punjab home secretary on behalf of the provincial government had sent a reference to the LHC chief justice for holding a judicial inquiry into the incident. However, the chief justice noted that FIRs against suspects had been registered, some of them have acquired pre-arrest bail and some had been arrested and were on physical remand, which showed that the matter was already being investigated by the police. “The request is, therefore, declined,” he added.

In a related development, the LHC suspended one of its employees after he was arrested by the police in connection with the child abuse scandal. LHC spokesperson Arif Dar confirmed senior clerk Tanzeelur Rehman has been suspended. A reliable police source said Tanzeel’s brother Attiqueur Rehman, who is an employee of the district & sessions court, has also been arrested.

Earlier, a civil society organisation requested the LHC chief justice to take suo motu notice of the scandal instead of conducting a judicial inquiry. Abdullah Malik, the president of the Civil Society Net Work Pakistan, filed an application saying that the past is witness to the fact that a number of commissions and tribunals had been formed and they gave recommendations, but neither the governments complied with the recommendations nor got them published, he added.

Meanwhile, a lawyer filed a petition in the LHC seeking the court’s directions to the federal government to send the child abuse cases to military courts for trial. The petitioner submitted that the governments do not act upon the reports and recommendations of the commissions, so it would be better that these cases be sent to military courts.

In Islamabad, the upper and lower houses of parliament unanimously passed resolutions condemning the Kasur child pornography scandal.

“This house is greatly distressed and concerned to note the reports of sexual abuse of numerous children in Hussain Khan Wala village of Kasur district. It vehemently condemns these horrendous incidents in the strongest possible terms and expresses its deepest sympathy and solidarity with the victims and their families,” reads a resolution tabled by Minister for Inter-Provincial Coordination Riaz Hussain Pirzada.

In an unanimously passed resolution, the house called upon the Punjab government to ensure all the culprits and their accomplices were apprehended immediately and investigation completed on a priority basis so that the guilty persons could be awarded an ‘exemplary punishment’ for their heinous crimes.

“The house reiterates its commitment to support enforcement of laws relating to protection of rights of the child and resolves to enact appropriate additional legislation in this regard at the earliest,” it added.

Earlier Speaker Sardar Ayaz Sadiq did not entertain adjournment motions of opposition parties on the matter. Subsequently, the opposition parties staged a token walkout from the house. The motions were moved by the PTI and Jamaat-e-Islami, while the PPP had moved a calling attention notice.

The treasury benches opposed the moves, while Speaker Sadiq said it was a provincial subject and he would only allow members to debate the issue on a point of order. The entire opposition opposed the speaker’s stance, saying that it was a human rights issue. Aftab Ahmad Sherpao said the Kasur incident has jolted the entire society and we can debate it on the highest forum. PTI’s Shah Mahmood Quraishi said the issue merited a debate in the National Assembly. PPP’s Nafisa Shah said the executive has to come forward as past experiences of a judicial inquiry were not pleasant.

The Senate also passed a resolution condemning the sickening child abuse scandal. “The Senate condemns in the strongest terms the heinous crime of child abuse committed against innocent children of Hussain Khan Wala village in Kasur, [and] urges the government to make sure justice will be delivered and perpetrators be taken to task, they should be handed harsh punishment and made an example of. [The house] reaffirms its commitment to stand by the victims who are future of Pakistan,” reads the resolution moved by Nasreen Jalil of the Muttahida Qaumi Movement (MQM).

After the resolution was passed, the matter was referred to a standing committee for further deliberations and to discuss the possibility of constitution of a child protection unit.

Earlier speaking on the matter, PPP Senator Farhatullah Babar asked: “Who was protecting the criminals?” A member of the treasury, Ghous Niazi, called for punishment for the perpetrators according to Islamic laws. ANP’s Ilyas Bilour floated the idea of referring the matter to military courts. PPP Senator Rubina Khalid underlined the need for having discussion on issues related to harassment. Chairman Raza Rabbani said such incidents were taking place all over the country and responsibility lies on everyone [lawmakers].

Published in The Express Tribune, August 11^th, 2015.