Chief Justice of Pakistan (CJP) Saqib Nisar remarked on Wednesday that there was no doubt that a criminal act had been committed in the Tayyaba case.

A three-member bench of the Supreme Court headed by the CJP was hearing a suo moto case regarding the 10-year-old's alleged torture.

The child had allegedly been employed as a maid and abused by the now deposed Additional District and Sessions Judge (ADSJ) Raja Khurram Ali Khan and his wife.

CJP Nisar directed the police to submit a challan in order for the trial to began.

The police submitted its investigation report for the case, but additionally sought a week's time to complete investigations and submit a final medico-legal report, saying they were still waiting for the results of a DNA test.

During proceedings, the CJP asked how crimes such as child abuse could be stopped in the future and whether Tayyaba's case could be considered bonded-labour.

Human rights lawyer Tariq Mehmood informed the court that there had been no progress on a bill concerning children's rights after it was presented in the Senate.

Under present law, anyone found guilty of employing a child is fined Rs200 and the child's parents Rs50, said Mahmood, who is a retired justice.

CJP Nisar also questioned the grounds on which Khan's wife, Maheen Zafar, was granted bail. Her lawyer Sardar Aslam responded that the offence her client has been accused of is bailable.

What kind of a law is it that you beat up a child and obtain bail, CJP Nisar remarked, observing that the bail could now be reviewed as new clauses had been added to the FIR.

The hearing was subsequently adjourned till January 25.

PIMS Vice Chancellor Dr Javed Akram had said earlier this month that after an examination conducted on Tayyaba's first visit to the hospital there was no doubt that Tayyaba had been physically abused

The girl was allegedly tortured by the family of ADSJ Raja Khurram Ali Khan on Dec 28 and an FIR was registered against him and his wife on Dec 29.

Tayyaba is being kept at Pakistan Sweet Home, a government-funded orphanage, on court orders.

Initially, police had prepared a report stating that the girl had fallen down some stairs and was accidentally injured.

But after the Islamabad High Court took notice of the matter, the girl changed her statement and told a magistrate that she had been tortured by the family of the accused.

The judge and his wife were able to obtain bail after a couple claiming to be the child’s parents arrived in Islamabad and submitted affidavits to a local court stating they did not want to lodge a complaint against the accused.

However, after the Supreme Court took suo motu notice of the incident, the district administration wrote to PIMS asking for another medical examination to be carried out.


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