Tayyaba torture case: Convicts' lawyer tells court child maid's bruises were 'accidental'

Published May 6, 2019
In this Jan 6, 2017, file photo, Maheen Zafar, the wife of sessions judge Raja Khurram Ali is escorted from the Supreme Court by her brother in Islamabad. ─ AP/File
In this Jan 6, 2017, file photo, Maheen Zafar, the wife of sessions judge Raja Khurram Ali is escorted from the Supreme Court by her brother in Islamabad. ─ AP/File

The lawyer for a judge and his wife jailed for torturing a minor employed as domestic help in Islamabad told the Supreme Court on Monday that the bruises on the victim's body had been accidental.

The case of Tayyaba, a young domestic worker employed in the convicts' household, first came to light after photos of the tortured child began circulating on social media in 2016. She was rescued from their residence with visible wounds on December 28, 2016 and a first information report was filed against her employers a day later.

Although Khan had reached a compromise with Tayyaba's parents on Jan 2, 2017, the SC took suo motu notice of the matter two days later with the strict warning that "No 'agreements' can be reached in matters concerning fundamental human rights."

A three-judge SC bench headed by Justice Musheer Alam was today hearing appeals filed by additional district and sessions judge Raja Khurram Ali Khan and his wife Maheen Zafar, who had been sentenced to one year in jail in April 2018 for keeping the then 10-year-old 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".

In June 2018, when both convicts appealed against the sentence, the court increased their jail time from one year to three years, with a Rs500,000 fine.

Editorial: Little Tayyaba’s grim story illustrates some of Pakistani society's worst aspects

During the hearing today, the convicts' lawyer said that Tayyaba had admitted that she was not abused. He said that Tayyaba's bruises were "accidental" and that she had given a statement in court during her cross-examination which she had "memorised like a parrot".

Justice Ijazul Ahsan wondered what the lawyer expected of a 10-year-old being cross-examined in court. He said that Tayyaba, who had been found shivering in the extreme cold after the incident, had been saved by her companions.

"You certainly have kids. Would your kids, who study in good schools, be able to face a cross-examination in the court?" Justice Ahsan reasoned with the lawyer, suggesting that Tayyaba was at more of a disadvantage since she hailed from a village and had not been given a chance to receive an education.

The judge asked the lawyer if he had seen the photos of Tayyaba that had sparked interest in the case and wondered whether he believed that those were also fake, to which the lawyer replied that the picture was not fake, but had been exaggerated and presented.

Justice Yahya Afridi pointed out that Tayyaba had been recovered from the convicted couple's house.

Following a break in the hearing, the convicts' lawyer maintained the argument that Tayyaba's bruises were accidental, to which Justice Afridi replied saying: "You are yourself accepting accidental bruises, this means you did something [wrong]."

"Sometimes you bring in Bahria Town, sometimes you bring the magistrate into this," Justice Ahsan remarked, adding: "Is the whole world against you?"

The legal counsel for the convicts recorded his arguments after which the case was adjourned until tomorrow, when the arguments of the complainant will be heard.

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