ISLAMABAD: The compromise deed between the parents of the housemaid and a serving additional district and sessions judge (ADSJ) is “unacceptable”, said Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar.

ADSJ Khurram Ali Khan and his wife Maheen Zafar were booked after their 10-year-old maid Tayyaba accused them of keeping her in wrongful detention, burning her hand for a missing broom, beating her with a ladle, detaining her in a storeroom and threatening her of worse. An FIR was registered against them on Dec 29.

By Jan 2, the ADSJ had signed a compromise deed with Tayyaba’s parents through their lawyer and obtained pre-arrest bail for his wife from fellow ADSJ Raja Asif Mehmood.

On Jan 3, another colleague of ADSJ Khan, ADSJ Atta Rabbanni handed custody of the child to her purported parents after a few minutes of proceedings of a habeas corpus application, whereby which a person can report an unlawful detention or imprisonment before a court.

SC told punishments specified in old child labour law did not provide enough of a deterrent against child labour, abuse

During the hearing of Tayyaba’s case, Justice Nisar observed that the child’s father, Mohammad Azam had testified before the court that he did not want a compromise with the ADSJ but put his thumb impression on the compromise deed, not knowing what the papers were for.

The CJP said the apex court could not accept the compromise deed between the parties due to the statement recorded by Tayyaba’s father before the bench.

He said the court was aware that the proceedings regarding the handing over of the child to her parents were conducted hastily and without verification.

Justice Nisar asked how the ADSJ’s wife was able to obtain bail in the case and asked if the bail was granted on the basis of the compromise deed.

“What kind of law is this where the offence of beating up a child is declared bailable,” the CJP asked.

“Why should bail not be cancelled after reviewing the case,” he said.

The counsel for the ADSJ’s wife, Sardar Aslam said that once granted, bail could not be cancelled in a case under bailable sections of the law and that there was precedent of this as well.

“Haven’t new sections been added to the FIR,” the CJP asked him.

An incomplete report of an investigation carried out into the matter was submitted in the SC on Wednesday, which says that “investigation was carried out from all angles and it revealed that young Tayyaba was brutally tortured by the lady accused Maheen Bibi”.

The police have also accused the judge of employing a child as a maid and said he did not provide her with proper medical care after seeing her injuries.

“He cannot be absolved at this stage,” the report reads.

A second interim report submitted in the SC says that “ocular [and] circumstantial evidence has been collected and placed on record against the accused lady involved in the crime” and that the instrument of torture has been recovered from the residence of ADSJ Khan.

According to the report, the police also recorded the statement of MPA Rai Usman Khan Kharal, who provided Tayyaba’s parents with a car to bring them to Islamabad. The MPA has denied contact with the accused judge.

The police have also investigated Nadra, the woman who brought Tayyaba to the ADSJ’s residence, who said her sister was first working at the ADSJ’s house and that she had brought Tayyaba to be employed at a salary of Rs3,000 when she left the job. The girl’s parents were given Rs18,000 in advance.

The police said they were waiting for a DNA and MLR report and needed more time for investigation, for which the court granted them 10 more days.

Tayyaba has also recorded her statement under CrPC’s section 161 at the Pakistan Sweet Home and testified her earlier statement in the FIR.

During the hearing on Wednesday, the apex court was told that the Children (Pledging of Labour) Act 1933 does not protect children against abuse as the penalties were meagre and do no longer serve as enough of a deterrent to prevent child labour.

The counsel for the Human Rights Commission (HRC) said that according to the law, the parents or guardians of a child agreeing to pledge the child in labour can be punished with a fine of Rs50 and the employer can be fined Rs200.

He said there is a need for making amendments and revising the existing penalties. The counsel said a bill in this regard had been presented in Senate but had not been taken up.

Justice Umar Ata Bandial said this was a social issue and sought assistance from the attorney general of Pakistan (AGP) .

AGP Ashtar Ausaf Ali said Pakistan is a signatory of international agreements on child rights and will abide by them.

Refraining from further commenting till the final report is submitted, the CJP asked the AGP, advocate general of Islamabad, the HRC’s counsel and others to assist the court should the trial be conducted and on how such incidents can be prevented in the future.

Published in Dawn, January 19th, 2017