ISLAMABAD: A two-member division bench of Islamabad High Court (IHC) on Thursday validated the charge-sheet against the additional district and sessions judge (ADSJ) and his spouse in the minor maid torture case.

The bench dismissed an appeal filed by ADSJ Raja Khurram Ali Khan against his indictment and commencement of trial proceedings in the torture case of the 10-year-old girl terming it not maintainable. Previously, the bench had turned down a request to stop the trial.

Mr Khan and his wife through their counsel challenged the charge-sheet issued to them by a single-member bench of the IHC.

Justice Mohsin Akhtar Kayani had indicted the judge and his wife and directed the prosecution to produce witnesses and evidence in the case.

The accused, however, denied the charges and opted to face the trial proceedings.

After the indictment, Mr Khan filed the appeal requesting the division bench to review the matter and set aside the charge-sheet.

In the appeal, the appellant cited the minor girl, her parents and the state as respondents.

The single-member bench had noted that the provisions of law made the court duty-bound to consider the details of the case, nature of the offence and benefit of settlement, even the style of crime and the manner in which the offence had been committed.

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

“The alleged incident gives a brutal, cruel picture as well as causes terror and sensation in the society,” the judge had stated in the order dismissing the compromise between the parties.

In addition, the judge said it was the state which performed its duties and took care of the minor since a criminal case was registered and, therefore, a compromise struck between the suspects and the girl’s parents could not be accepted at this stage.

The court had termed the application requesting it to accept the compromise between the parties “premature.”

The counsel for the accused had argued that the above grounds were not tenable because heinous, brutal and sensation can only be seen in the light of punishment provided for the offence and, admittedly, no offence was punishable for more than three years.

“There is no question of sensation and terror,” he stated.

The court, however, did not accept the request and dismissed the petition.

Published in Dawn, May 26th, 2017