ISLAMABAD: The Islamabad High Court (IHC) on Tuesday indicted Additional District and Sessions Judge (ADSJ) Raja Khurram Ali Khan and his wife Maheen Zafar in the case regarding torturing a minor maid and summoned witnesses for recording statements against them.

IHC Justice Mohsin Akhtar Kayani observed that the alleged torture on a juvenile housemaid at a judge’s house was brutal and cruel.

Rejecting the compromise deed between the parents of the child, Tayyaba and the accused judge and his wife, Justice Kayani noted that the application for compounding the offence with the girl’s parents was not maintainable as it was the State which had performed its duties and taken care of the child since the registration of the criminal case.

Subsequently, ADSJ Khan and his wife were indicted on charges of allegedly ‘torturing’ the housemaid at their house.

The police had registered a case against the ADSJ and his wife for keeping the minor in illegal confinement, burning her hand, beating her with a ladle, detaining her in a storeroom and threatening her of dire consequences.

The accused have however pleaded ‘not guilty’ and defence counsels Raja Rizwan Abbasi and Sohail Akhtar have maintained before the court that they deny all charges.

After framing the charges, the court directed the prosecution to produce evidence to prove the case against the accused and noted that according to the law, the court has to consider details of the case, the nature of the offence and benefit of the compounding and even the style of the crime and the manner in which the offence was committed.

The judge observed that “if the court is of the view that the incident causes terror and sensation in the society or is cruel from its appearance, the court may not agree to compounding of the offence.”

Justice Kayani noted that the FIR was registered on the child’s statement and there was no guardian available at that time, adding that the State had performed the duty of being her guardian under the Constitution.

He said it is the duty of the state to “provide due care and protection to all children”.

“In the facts and circumstances of the instant case, the state is guardian/Wali of the minor Tayyaba,” the order read.

“[Parents’] statements regarding settlement with the accused persons have no value because they did not perform their natural duties of care and protection of the minor Tayyaba,” it added.

“I am convinced that instant application for compounding the offence with the petitioners/parents of the minor, is not maintainable,” the judge said.

The court declared the application requesting to accept the compromise between the parties “pre-mature” at this stage and dismissed it.

Meanwhile, the court granted an exemption to Ms Zafar from appearing in person in the subsequent hearings of the case on an application she had filed though her counsel.

Published in Dawn, May 17th, 2017