ISLAMABAD: The Supreme Court on Monday said pardon in the case of Tayyaba — a minor maid who was tortured by her masters — could only be effective if the courts approved it as she was currently the ward of both the state and the court.

“Only the one who gets hurt can pardon and if he or she does not forgive then it is up to the court or the state to pardon,” Justice Ijazul Ahsan observed.

The observation came when a three-judge Supreme Court bench — headed by Justice Mushir Alam — took up appeals of former additional district and sessions judge (ADSJ) Raja Khurram Ali Khan and his wife Maheen Zafar, who are accused of torturing the minor maid working in their house.

In June 2018, the Islamabad High Court (IHC) increased the sentence awarded by the trial court in the Tayyaba torture case from one year to three years along with imposition of a fine of Rs500,000.

The Supreme Court took notice of the matter after it was disclosed that the parents of the girl had reached an agreement in January 2017. However, the apex court observed that no agreement could be reached in matters relating to fundamental rights.

The notice was taken after media reports said that the minor girl was allegedly beaten up brutally and her hands were burnt, but the matter was internally resolved later.

On Dec 28, 2016, someone from the neighbourhood called the Child Protection and Welfare Bureau (CPWB) office in Rawalpindi about Tayyaba’s mistreatment.

During the hearing, Advocate Rizwan Abbasi, representing Raja Khurram, argued that Tayyaba’s bruises were accidental.

The counsel also argued that his client was subjected to a vicious campaign since he ordered registration of a case against property tycoon Malik Riaz of Bahria Town, adding that six different individuals surfaced during the hearing of the case at the trial court and claimed to be parents of the minor girl and all of them were brought to the court in a vehicle owned by Bahria Town.

At this, Justice Ahsan wondered whether the entire world was against the petitioner as sometimes he brought in Bahria Town and other times a magistrate to justify the charges in this case.

The counsel argued that Tayyaba had admitted that she was not abused and that her bruises were accidental. She had also given a statement in court during her cross-examination.

Justice Ahsan wondered what the lawyer expected of a 10-year-old being cross-examined in court and asked the lawyer if he had seen the photos of Tayyaba that had sparked interest in the case.

Justice Yahya Afridi also pointed out that Tayyaba was recovered from the convicted couple’s house and asked how the parents could enter a compromise when the child was hurt.

Justice Ahsan observed that all the courts before the apex court had suspected of the intentions of Mohammad Azam ­— the father of the minor girl — that was why her guardianship was given to the SOS village instead of the father.

The case will be taken up again on Tuesday (today).

Published in Dawn, May 7th, 2019