IHC enhances jail term of ex-judge in Tayyaba torture case

ISLAMABAD: The Islamabad High Court (IHC) on Monday rejected an appeal of former additional district and session judge Raja Khurram Ali and his wife challenging their conviction in the Tayyaba torture case.

A division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb enhanced rigorous imprisonment by two years awarded to both convicts by a single bench of the high court.

Appellants Raja Khurram Ali Khan and his wife Maheen Zafar filed the appeal through their lawyer, challenging the verdict, awarding them one year in prison.

The appellants’ counsel contended a medical examination of the victim girl didn’t prove the allegations of torture.

Beating someone up inadvertently cannot be construed an offence, he added.

He stressed that as per the Constitution, those found involved in torturing someone advertently can be punished.

In the appeal, both the convict pleaded with the court to set aside the punishment handed down to them in the case.

On April 17, a single bench of the IHC, comprising Justice Aamir Farooq, awarded one-year imprisonment to the former judge and his wife and directed them to pay a fine of Rs 50,000 each.

They both were found guilty of employing a minor girl as domestic worker under section 328-A (cruelty to a child) of the Pakistan Penal Code (PPC).

In January last year, the pictures of the 10-year old housemaid Tayyaba went viral on social media with internet users claiming that the maid works at additional session judge Khurram Ali Khan’s house, was severely tortured by the family of the judge.

Tayyaba, after being recovered by the law enforcement agencies, claimed that she fell from stairs but in the statement recorded for the First Information Report (FIR), the girl stated that she was tortured by the judge’s family.

The apex court took suo motu notice of the case of alleged torture on the 10-year old and constituted a division bench for hearing of the case.

The girl, mysteriously went missing for several days before the upcoming hearing. She was later recovered from Islamabad.

District Magistrate Islamabad had written a letter to Pakistan Institute of Medical Sciences (PIMS) administration ordering the formation of a new medical board to ascertain the facts in the torture case.

The medical board, in its report, mentioned that there were torture marks on the body of the girl.