islamabad - An additional district and sessions judge (ADSJ) Raja Khurram Ali Khan, who is currently serving as an OSD, Thursday filed an appeal against his indictment and his wife Maheen Zafar before a division bench of Islamabad High Court (IHC) in Tayyaba torture case.
The IHC dual bench Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing of his review petition and issued notices to the state and Tayyaba’s parents directing them to submit their reply in this connection.
It was May 16 when an IHC single bench comprising Justice Mohsin Akhtar Kayani had framed the charges against both the accused in Tayyaba torture case to which both were pleaded non-guilty. They moved their review application through their counsel Raja Rizwan Abbasi Advocate and adopted that the single bench orders regarding their indictment may be suspended that IHC division bench refused.
However, the bench issued the notices to the respondents seeking their reply in this matter.
The counsel for the appellants contended before the court that the single bench indicted his clients given the fact that the parents of the affected girl had submitted an affidavit regarding compromise and pardon to the accused. All the allegations levelled against his clients under various sections of the law were compoundable (where reconciliation and compromise could be made).
During the hearing, the counsel stated before the court that there is no question of sensation and terror involving this matter. Grounds mentioned in the single judge order were not tenable because heinous, brutal and sensation can only be seen in the light of punishment provided for the offence and, admittedly, no offence is containing more than three years punishment, Advocate Abbasi said.
In this case, the IHC single bench on May 16 had directed the police to produce witnesses on May 19 (today). The single bench has to start recording of witnesses in this matter. There are total 19 witnesses in this case where 11 witnesses are officials while eight private persons. Among officials included an assistant commissioner who recorded Tayyaba’s statement, doctors who performed medical check-up and investigation officer of this case. Among private witnesses there included Tayyaba’s parents and neighbours of Raja Khurram Ali Khan etc. ADSJ and now OSD Raja Khurram Ali Khan his wife Maheen Zafar are accused in this matter for allegedly torturing a juvenile housemaid Tayyaba and keeping her in illegal confinement.
Police registered a case against ADSJ and his wife under various sections of the Pakistan Penal Code including section 337 for injuring, 342 for illegal confinement and 506 for intimidation.