Torturing Tayaba

The usual “Great Escape” seems unlikely 

The new CJP has taken a deserving suo moto notice of the torture of a ten year old maid allegedly by the spouse of a serving judge of the lower judiciary. This device of suo moto was overworked almost to frivolity by a former CJP after whose retirement the apex court had become wary in its use. But this case warranted an intervention on humanitarian grounds, its child rights implications and the frightening fact that it occurred in a judge’s household. However, the role of social media and the Islamabad High Court also needs appreciation.

The torture of Tayyaba was not the first case of its kind and will not be the last, but at least it will be seen through to its bitter end. It is another indictment of our criminal justice system, particularly of the lower judiciary.  Many believe that the incidents of beating and hand burning really happened, but the father of the girl was compelled to take back her accusations of torture and, as is usual in such cases, to exonerate the powerful offenders of all charges. Of particular regret is the fact that the original medico-legal officer gave the cause of all the telltale injuries as a ‘sudden falling’ in his report! The poverty of the downtrodden, the influence of the wrongdoer, the corruption ridden police department , the amenable doctors in the forensic department, lawyers who  violate laws and the  offices of the lower courts with a seedy reputation , all combine to make the task of seeking justice a living nightmare for litigants.

The mindset of ‘learning the law in order to break it’ in the lower judiciary must be the first focus of any legal reform. Appointments based on genuine merit and good reputation, periodic purges of the black sheep, offering attractive salary packages to deter corrupt practices, and an agreeable working environment could be some of the blandishments. The lower judiciary is the pillar of the infrastructure of any legal system. There is a dire need to reform it.