The entire system has failed: SC

The country’s entire system has failed and the government has lost its writ not only in Balochistan but also in other areas, Justice Jawad S Khawaja said on Thursday while hearing a suo motu case initiated against a girl’s gang-rape in Faisalabad.
The bench, comprising Justice Jawad S Khawaja and Justice Athar Saeed, was hearing the case at the Supreme Court’s Lahore Registry. The court continued the proceedings after police did not arrest the main accused, Asghar Ali, a close aide of Punjab Law Minster Rana Sanaullah, despite strict orders given by the bench on the last hearing.
The bench was hearing an appeal filed in the Supreme Court by rape victim Samina Bibi, who sought cancellation of bail granted to the alleged rapists by the Lahore High Court (LHC). However, the apex court converted her appeal into suo moto notice on March 6 due to the seriousness of the offence, and directed the police to arrest Asghar, who remains at large from day one.
In his remarks Justice Khawaja said, “The girl, who cannot sleep at the night due to the agony of what happened to her, is waiting for justice, and the police is coming to the court every time with an excuse for not arresting the accused.”
“So whether it is the Khadim-e Ala of Punjab (chief minister of Punjab) or the judges seated on fancy chairs in the courts of law, they are all equal partners in the obnoxious crime committed against the innocent girl,” Justice Khawaja said, while looking towards the police high-ups lined up in the court and the victim girl who standing in a corner of the courtroom.
“It is alleged by some quarters that the Supreme Court is unduly interfering into the workings of the institutions, but tell me should we not give justice to this girl? Can we leave her at the mercy of police’s callousness which in this case helped a culprit escape from its custody?” “The court handed over the custody of the accused in this case to the district police officer (DPO), but he managed to escape.
Who had helped him run away?” Gathering courage to defend the police, Faisalabad City Police Officer (CPO) Bilal Siddique Kamyana said the DPS involved in the case had been made an OSD (officer on special duty) after an enquiry into the escape of the alleged rapist from police custody.
The judge replied, “Do not say this, as you know very well. The one who should have been suspended has been awarded important posting by you bosses.” Punjab Advocate General Ashtar Ausaf suggested printing advertisements in various newspapers to seek public support for police in arresting the fugitive accused. The judge expressed annoyance over the suggestion, saying, “Ads will be a mere joke. Do you think the accused, who is a close man of the Punjab law minister, will surrender himself before police after the ads?”
In a warning tone, Justice Khawaja said that the case was a test for police and courts, adding that if the police failed to arrest the accused, its top officials should prepare to leave.
The rape victim, Samina, told the bench that the alleged rapist was pressurising her to make a compromise and end the case. “Bibi, you might make a compromise, but the court will not leave the case because it is now a suo motu notice and not just your appeal petition which you had filed for the cancellation of bails,” the judge replied. The court adjourned the hearing until March 27, giving the Faisalabad CPO another chance to arrest the rape accused. According to the details of the case, Asghar called Samina Bibi to his office for a job interview, but raped her along with his four friends. The D-Type Colony Police Station in Faisalabad registered a case of gang rape on the application of the victim against Asghar Ali, Ansar Ali, Muhammad Ihsan, Tariq Ali and Karam Hussain under section 365-B and 376/2 of Pakistan Penal Code (PPC). Except Asghar Ali, all the accused were arrested, however, LHC judge Mazhar Iqbal Sindhu had granted bails to them about seven months ago.