PESHAWAR, Aug 25: Additional district and sessions judge Muhammad Jamal Khan has held the former principal, two teachers and three other former employees of a local school responsible for sexual abuse of students and recommended legal action against them.
Judge Jamal Khan submitted his findings to the home department three days ago after completion of a judicial inquiry into allegations of sexual abuse of students in the City Government Higher Secondary School No 3.
Sources in the department told Dawn that the judicial officer, who had been assigned the task in March, had made various recommendations for legal action against the six staffers - former principal Hussain Shah; two teachers, Himayatullah and Abdul Qayyum; two clerks, Shahnawaz Khan and Humayun; and watchman Abdul Baseer.
The judicial officer also proposed legal action against two other former principals, Haji Abdur Rasheed and Gul Nawaz, and teacher Mubarak Khan for keeping quiet over the issue despite the fact that they were aware of the activities of the accused. It is said that the abominable activities continued for over two decades.
He said that although no documentary proof of the activities of the accused was produced by anyone, there was 'strong and un-rebuttable circumstantial evidence' available about the immoral conduct of the group and its involvement in immoral activities.
He recommended that the six accused be proceeded against not only for the commission of immoral / unnatural act, but also for their involvement in monetary corruption.
He suggested that the accused should be proceeded against in accordance with law and provisions of the Pakistan Penal Code. They should also be dealt with under the provisions of the NWFP Civil Servants Act 1973 read with the Efficiency and Disciplinary Rules. He recommended that the accused might be also proceeded against in accordance with the anti-corruption law.
The judicial officer pointed out that Mr Mubarak Khan (teacher) was aware of the immoral activities of the group but he did not bring it to the notice of the higher officials of the education department.
He said record showed that he (Mubarak Khan) actively extended support to this group according to the 'necessity' of the occasion. He was also found to have been involved in monetary corruption, therefore he should be proceeded against in accordance with the provisions of the Civil Servants Act 1973 read with the E&D Rules and anti-corruption law, the judicial officer said.
About Mr Nawaz and Haji Rasheed, the inquiry report says that they were former principals and despite having knowledge of immoral activities of the accused they remained silent and did not fulfil their responsibilities.
The judicial officer recommended that both of them should be proceeded against for wilful negligence in accordance with relevant law. The issue had surfaced in September last year and the government had subsequently transferred all the accused.
There were various allegations against the accused. According to news reports, a number of students had to leave the school due to their activities. The gang members reportedly awarded corporal punishment to those students who did not follow their orders.
They allegedly used several tactics to lure students into the act and failed or passed students as they liked. On Sept 27, 2003, the NWFP assembly had referred the issue to the standing committee on schools and literacy which directed a sub-committee to hold an inquiry into the issue.
Finally, it was decided that a judicial inquiry would be conducted. An earlier inquiry conducted by the schools and literacy department had spared the accused.