Daily Times

ISLAMABAD: The judge presiding over the Tayyaba torture case on Monday recused himself from future hearings of the case and sent the case back to the chief justice of the Islamabad High Court (IHC).

Ten-year-old Tayyaba had been recovered from the house of former additional district and sessions judge (ADSJ) Raja Khurram Ali Khan, where she had allegedly been employed illegally as a housemaid. She was also allegedly tortured by Khan and his wife, Maheen Zafar, before she was rescued.

The Supreme Court of Pakistan had taken suo moto notice of the matter after reports of the child’s torture surfaced on social media.

“You were the investigating officer in the departmental inquiry against Raja Khurram Ali Khan. Because you found him guilty then, you should not hear this case,” the defence lawyer had argued on Monday.

“We don’t have any objections against you, but according to the law, you should not hear this case anymore,” the lawyer had said.

Justice Kiyani agreed: “I was involved in the inquiry against the accused, and in that, I found him guilty. After the objection, I cannot sit through this hearing.”

Two doctors who were called to record their statements failed to show up at Tuesday’s hearing. They were ordered to report to the court at the next hearing.

The case was adjourned for an indefinite period.

Tayyaba, who was allegedly tortured by Khurram’s family, was rescued from his house in Islamabad with visible wounds on December 28, 2016. A First Information Report was registered against him and his wife, Maheen Zafar, on December 29, 2016.

On January 2, 2017, the ADSJ reached a ‘compromise’ with Tayyaba’s parents, on the basis of which Maheen Zafar got pre-arrest bail from the court of ADSJ Raja Asif Mehmood the same day. On January 3, ADSJ Atta Rabbani had handed over custody of Tayyaba to her parents.

On January 4, the Supreme Court of Pakistan had taken suo motu notice of the matter.

The court had directed police to investigate the case from every aspect, and on a subsequent hearing on January 11, observed that the role of a Chakwal-based lawyer was of key interest with regard to the “illegitimate” compromise first reached between the suspects and the child’s family.

Chief Justice of Pakistan Saqib Nisar had remarked that there was no doubt that a criminal act had been committed in the Tayyaba case.

The court had also directed police to investigate how the compromise deed was prepared, as well as matters relating to internal trafficking of child labour.

In its report, however, the police had focused only on the child’s abuse and the possible involvement of the suspects. On January 26, the SC had expressed displeasure with the way the police investigated the case.

The case had been referred back to the Islamabad High Court (IHC) by the SC for further deliberation.

Earlier this month, the IHC had rejected another compromise deed submitted by Tayyaba’s parents, in which the latter had exonerated the two accused of the charges against them.