Chief Justice Saqib Nisar led a three-member bench while hearing the petition filed by civil society and ordered the proceedings of Tayyaba torture case to be halted in the trial court issuing directions that charges pertaining to human smuggling and slavery be added in the case.
Advocate Asma Jahangir, while arguing before the bench, asked that the case be transferred to some other provincial high court, as due to fear and pressure, the child’s parents were reluctant to press charges against the influential culprits. Justice Nisar assured Asma Jahangir that the court will not leave the case halfway. “We’ve taken the suo motu notice and will take [the case] it to its logical conclusion as the practice has become a social menace,” he remarked.
Justice Nisar also said that those who have to present evidence don’t want to pursue the case. “We can’t punish an accused without evidence. In that case, it won’t just be the court’s defeat; rather, we all will be held responsible,” he argued.
The SC bench referred the case to Islamabad High Court to look into the matter and add charges of slavery and human trafficking. Advocate Asma Jahangir also pointed out that the statement given by Tayyaba’s father before the trial court was different from the one he gave before the SC, adding that she has confirmed regarding the information that no challan was submitted in the trial court.
The court ordered that proceedings of Tayyaba torture case be immediately halted and asked the high court to look into the matter and issue a speaking order on the transfer of the case.
Before adjourning the case till March 21, the bench ordered Tayyaba to be sent to SOS Village.
It is pertinent to mention here that Tayyaba torture case involves allegations levelled against Raja Khurram Ali Khan, a sitting additional district and sessions judge of Islamabad, and his wife, who is alleged of torturing Tayyaba, a maid. Tayyaba was rescued from the judge’s house last December and from then on the case has seen many a twists and turns..
