Tayyaba torture case: No doubt crime was committed, says CJP

ISLAMABAD: A three-member bench led by Chief Justice Saqib Nisar of the Supreme Court resumed hearing the Tayyaba torture case on Wednesday.

The Chief Justice in his remarks said that there was no doubt that a criminal offence had been committed. "A challan should be submitted and trial should begin in the case. How can we stop this evil practice in the society," the CJ remarked.

"An innocent girl was forced to work by her parents. Does it not count as bonded labour?" the CJ asked.

Justice Umar Ata Bandial remarked that this case involved child labour, child abuse and the role of parents.

The hearing has been adjourned till January 25.

During the hearing, police asked for three to four more days to complete investigation adding that the DNA report will take time.

The court granted police 10 more days for investigation.

Additional sessions judge Raja Khurram Ali Khan was also present in the Supreme Court, however his wife Maheen did not appear. Azam who claims to be Tayyaba's father was also present in the court. 

Raja Khurram's lawyer presented bail documents for Maheen. To which the CJ remarked, "This is great. Beat up a child and then say it is a bailable offence."

Human Rights lawyer Justice (Retd) Tariq Mehmood said that child labour laws had not been revised. "If someone other than his parents forces him to work the penalty is only Rs200."

Zamrud Khan, patron-in-chief Sweet Homes said that Tayyaba had made friends and was happy at the orphanage. "I want to teach her law so that she grows up to become a barrister," he said.

Inquiry report holds Judge's wife responsible

An inquiry report prepared by the Islamabad police has found additional sessions judge Raja Khurram Ali Khan’s wife Maheen responsible for torture on child maid Tayyaba and her husband of criminal negligence. The report will be presented as evidence in the Supreme Court.

According to sources, the report prepared by DIG operations Kashif Alam raises questions over the integrity of the Raja Khurram. “Why did he keep a minor as servant at his house? How could he be unaware about torture committed on the child?”

Read full report: Judge's wife responsible for torture

A medical report for 10-year-old Tayyaba states that there were 20 torture marks on her body.

The Supreme Court in its last hearing, decided that Tayyaba will stay at Pakistan Sweet Homes, an orphanage, till her parents are identified. At least two couples have claimed to be her parents.

The case of the alleged torture of the maid caught the media's attention after she was recovered from the residence of Raja Khurram Ali Khan, early this month.

The minor girl, whose face and hands bore torture marks, had initially denied being hurt by her employers. She told the police that she got a wound to her eye after falling from the stairs, while her hand was also burnt accidentally.

However, the poor girl narrated her ordeal after being politely inquired by a female magistrate later. She stated before the magistrate that she was beaten and her hand was burnt on the stove for losing the broom.

The Chief Justice took suo moto notice of the case, however the child and her father mysteriously disappeared then. After the Supreme Court ordered that the child be produced in court, police sprung to action. Tayyaba was recovered from the suburbs of Islamabad.

Explaining the out-of-court settlement a man named Azam, who claimed to be Tayyaba’s father, told the SC, that the additional judge had asked him to stamp his fingerprint on a paper if he wanted to get back his daughter. “I cannot read or write. I did not know what was written on the paper

Raja Khurram Ali Khan and his wife on Monday had denied torturing 10-year-old maid. Both accused in their statement to the police —a copy of which has been obtained by Geo News — said that they took Tayyaba’s custody to take care of their 1.5-year-old baby.

Judge Khurram Ali Khan in the statement said that her wife is a kind-hearted person and treated Tayyaba like her own child. Khurram said that he paid the parents of the girl Rs12,000 and had filed a missing report the very next day when Tayyaba went missing on December 27.