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IHC judge recuses himself from minor maid torture case

By Malik Asad 2017-05-30
ISLAMABAD: Justice Mohsin Akhtar Kayani of Islamabad High Court (IHC) on Monday recused himself from the trial proceeding against an additional district and sessions judge (ADSJ)in the minor maid torture case.

The judge remarked that since he had conducted and concluded the inquiry againstthe ADSJ and found him guilty and already suggested punishment, he can`t conduct the trialproceedings anyfurther.

Additional District and Sessions Judge Raja Khurram Ali Khan, now officer on special duty (OSD), and his wife were booked after the minor maid accused them of keeping her in wrongful confinement, burning her hand over a missing broom, beating her with a ladle, detaining her in storeroom and threatening her with dire consequences.

During the hearing, counsel for the suspects, Raja Mohammad Farooq, Raja Rizwan Abbasi and Sohail Akhtar, said they did not have any objection over the IHC judge but since he had concluded the inquiry he should not conduct the trial.

Advocate General Mian Abdul Rauf saidthe court was empowered to simultaneously conduct criminal and civil proceedings.

Justice Kayani, however, recused himself from the proceedings and sent the case to the chief justice IHC requesting him to place the matter before any other bench.

While ruling that the application for compounding the offence with the parents of the minor was not maintainable, Justice Kayani had earlier indicted the suspects and directed the prosecution to produce witnesses and evidence.

The suspects pleaded `not guilty` and are currently standing trial.

Turning down the request to accept the compromise between the parties, Justice Kayani had noted that the provisions of law imposed a duty upon the court to consider the details of the case, nature of the offenceand the benefit of a compromise and even the style of crime and the manner in which the of fence had been committed.

`If the court is of the view that the incident causes terror and sensation in the society or is cruel from its appearance, the court may not agree to compounding of the offence,` the judge had observed.

`The alleged incident gives a brutal, cruel picture as well as causes terror and sensation in the society,` he had stated in the order dismissing the compromise between the parties.

In her statement recorded before Justice Kayani on May 23, the 10-year-old girl alleged the spouse of the judge burned her hand, back and hit her with a ladle resulting in injuries to her hand, eye and back.

On May 24, the minor girl was cross-exam-ined during which she could not answer several questions.

The child was also confronted with a video statement of her recorded by the police soon after she was recovered from the judge`s house.

In the video statement, the child was heard saying she was injured after falling from the stairs.

She had told the video maker that she was not beaten and tied, adding medical treatment was provided to her and the family kept her like their own children.

The ADSJ through his counsel had filed a review petition with a division bench of the IHC requesting it to suspend the May 10 decision wherein the suspects were indicted.

The division bench, however, dismissed the petition declaring it not maintainable.