The Islamabad High Court (IHC) on Tuesday rejected a compromise deed submitted by child maid Tayyaba's parents, in which the latter had exonerated the employers of their 10-year-old daughter of allegedly torturing her repeatedly while she worked as a maid at their residence in Islamabad.
Additional District and Sessions Judge (ADSJ) Raja Khurram Ali Khan and his wife Maheen Zafar have been facing an inquiry for their alleged involvement in keeping Tayyaba in wrongful confinement, burning her hand over a missing broom, beating her with a ladle, detaining her in a storeroom, and threatening her of "dire consequences".
The accused will be indicted after the proceedings in the next hearing, which is scheduled for May 19, the court said.
Know more: SC finds anomalies in lower court’s handling of Tayyaba case
Separately, the court also approved Zafar's request for exemption from the upcoming hearings, allowing her to choose a party to speak on her behalf if she so wishes and also submit an affidavit making her case.
Case history
Tayyaba's case was first reported in December last year when she was rescued from the house of the ADSJ in Islamabad with visible wounds.
A First Information Report was registered against Khan and his wife on Dec 29, 2016, and an investigation was launched.
On Jan 2, 2017, the ADSJ reached a compromise with Tayyaba’s parents, on the basis of which Zafar secured pre-arrest bail from the court of ADSJ Raja Asif Mehmood the same day. On Jan 3, ADSJ Atta Rabbani had handed over custody of Tayyaba to her parents.
On Jan 4, however, the Supreme Court took suo motu notice of the matter.
The apex court had directed police to investigate the case from every aspect, and on a subsequent hearing on Jan 11, observed that the role of Chakwal-based lawyer Raja Zahoor Hassan — who began practice in Islamabad a couple of years ago — was of key interest with regard to the "illegitimate" compromise first reached between the suspects and the child’s family.
Chief Justice of Pakistan Saqib Nisar had remarked during proceedings that there was no doubt that a criminal act had been committed in the Tayyaba case.
The court had also directed the police to investigate how the compromise deed was prepared, as well as matters related to internal trafficking of child labour. In its report, however, the police had focused only on the child’s abuse and the possible involvement of the suspects. On Jan 26, the SC had expressed displeasure with the way the police investigated the case.
The case was referred back to the IHC by the Supreme Court for further deliberations.
On Feb 10, in a hearing in the IHC on the matter, Tayyaba's father had submitted an affidavit to a local court claiming her employers did not torture her.
"The case in question is inaccurate and was registered on the basis of baseless allegations. I personally investigated the matter. I reached a settlement with Raja Khurram Ali Khan and his wife Maheen Zafar with my free will and hence forgiving them unconditionally," said each of the affidavits, which included not only Tayyaba's parents but also her paternal aunt.
