ISLAMABAD: The Supreme Court on Tuesday referred the Tayyaba torture case to Islamabad High Court for investigation.
A three-member bench headed by Chief Justice of Pakistan Mian Saqib Nisar heard the case during which the Chief Justice expressed his anger over police failure to present the case challan in the trial court and sought explanation from Inspector General Islamabad Police. Advocate General Islamabad told the court that the challan was delayed due to pre-arrest bail granted to the accused Maheen Zafar till Wednesday. .
In the challan, additional session judge’s wife Maheen Zafar has been declared as prime accused while the judge has also been alleged of negligence.
During the hearing, the bench inquired from senior lawyer and human right activist Asma Jahangir whether the apex court can send any matter to high Court for investigation. Asma Jahangir replied that under section 526 of CrPC the supreme court can transfer any matter to a high court.
The court sought reply from the lower court judges who granted pre-arrest bail to the accused and handed over Tayyaba to her parents after the so-called compromise.
During the hearing, parents of the child requested the court to hand over the child to them. Upon this, Chief Justice remarked that in the prevailing situation the child can’t be handed over to the parents. He stated that Tayyaba will remain in sweet homes, adding that the parents can meet her at the Sweet Homes.
Hearing of the case was adjourned for two weeks.