ISLAMABAD: The Islamabad High Court (IHC) on Tuesday granted bail to an additional district and sessions judge and his wife shortly after sentencing them to one year in prison over “ill-treatment to a minor housemaid”.

According to the court ruling, the prosecution could not prove charge of torture on the minor, Tayyaba.

The judgement was ann­ounced by Justice Aamer Farooq of the IHC over the charge of ill-treatment to the housemaid. The court also imposed a fine of Rs50,000 each on additional district and sessions judge (ADSJ) Raja Khurram Ali Khan and his wife Maheen Zafar.

None of the convicts were arrested following the judgement, as they obtained bail within a couple of hours after being convicted. After the judgement, the convicted judge as well as his wife remained inside the courtroom to avoid arrest. In the meanwhile dozens of lawyers including incumbent Islamabad High Court Bar Association (IHCBA) President Javed Akbar Shah and Secretary Raja Faisal Younis appeared in the courtroom.

Convicts given one week to file appeal

Their counsel, Rizwan Abbasi and Sohail Akhtar Warriach, moved an application under Section 426 of the criminal procedure code under which a trial court can suspend the verdict and grant bail till filing of appeal.

The courtroom was packed with lawyers when Justice Farooq took up the bail plea of ADSJ Khan and his wife. Justice Farooq took less than a minute to grant relief to the convicts against the surety bonds of Rs50,000 directing them to file an appeal within a week.

In a 21-page judgement, the learned judge discussed each and every detail of the Tayabba Bibi case.

During the course of arguments, the advocate general for Islamabad contended that the statements of Tayyaba Bibi and other prosecution witnesses established that the additional judge and his spouse used to beat up the housemaid and abandoned her by failing to take care of her. It was contended that the medical report fully corroborated the ocular account that Tayyaba received injuries which squarely falls under Sections 337-A (i) and 337-F (i) of the Pakistan Penal Code (PPC).

The defence counsel contended that the case against the couple was based on mala fide and ulterior mot­ives at the behest of the person against whom Raja Khu­r­ram Ali Khan had passed various orders while adjudicating matters as additional district and sessions judge. The counsel added that any matter that cast doubt had to be resolved in favour of the accused persons.

He argued that Tayyaba did not lodge a proper complaint as the FIR did not bear her signature, therefore, “a flawed document” could not be used against the accused.

In the verdict, the IHC noted: “The nature of an FIR is that it sets the law in motion upon which investigation into a cognisable case commences. In case, there is any procedural irregularity including not signing of the complaint that will not vitiate the criminal trial or tarnish the case of the prosecution in any way. Hence, the fact that the Tayyaba Bibi never signed the complaint made before Ms Nishaa Ishtiak is not consequential and not fatal to the case of the prosecution.”

The court also observed that in Tayyaba’s case there was no ocular account and medical opinion along with the pictures taken as well as information provided to the investigation officer by the victim. Her statement in chief was about direct infliction of injuries by Maheen Zafar, but she denied during the course of cross-examination that she had been beaten up by Ms Zafar.

Justice Farooq then discussed Section 328 of the Pakistan Penal Code (PPC) that states, “Whoever willfully assaults, ill-treats, neglects, abandons or does an act of omission or commission… shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend up to three years, or with fine which shall not be less than twenty five thousand rupees and may extend up to fifty thousand rupees, or with both.”

The court ruled: “The evidence mentioned above as tendered by the parties clearly shows that the accused persons neglected and/or willfully harmed and abandoned Tayyaba Bibi which resulted in harm to her or had the potential of causing harm hence have committed the offence as charged and the prosecution has proved the same beyond a shadow of a doubt. Both the accused have admitted that Tayyaba was working as maid at their house thus was in their care.

“Raja Khurram Ali Khan being the head of the family and Maheen Zafar being responsible for the daily domestic affairs were jointly responsible for looking after and taking care of the child i.e. Tayyaba Bibi.”

Published in Dawn, April 18th, 2018