A district and sessions court in Islamabad on Monday rejected the bail plea of Somia Asim — the wife of a civil judge — in a case pertaining to the alleged torture of an underage domestic worker in the capital, and ordered police to arrest her.

The suspect was subsequently taken into custody by Islamabad police from the court’s premises.

Somia was booked in the case after she was accused of severely torturing a teenage maid, who was moved to the Lahore General Hospital in critical condition on July 24.

According to the girl’s medico-legal certificate (MLC), she had “laceration on head from vertex, on forehead, right side above eyebrow, swollen upper lips, laceration under upper lip on right side, broken left incisor and left canine, laceration on check, nose bleed, laceration on left side of vertex, multiple bruises on lower leg, fracture on right forearm, swollen left and right eyelids, bruise on right skull, laceration on back, multiple bruises on back and attempt on strangulation.”

After showing reluctance, Islamabad police had registered a first information report in the case on July 26. Initially, the police booked the judge’s wife for criminal intimidation and wrongful confinement, without mentioning physical torture in the FIR. However, eight more sections — including murder — were later added to the FIR.

On July 28, the Lahore High Court (LHC) had granted protective bail to the judge’s wife till August 1. Last week, a district and sessions court in Islamabad had granted the suspect pre-arrest bail in the case till August 7 (today).

The hearing

Upon the expiry of her pre-arrest bail, Somia appeared before Additional District and Sessions Judge Farrukh Fareed Baloch today. At the outset of the hearing, police submitted the case record while the lawyer representing the teenage victim, Rana Adil Imdad, was also present.

However, Somia’s lawyer Nazar Niazi urged the court to adjourn the hearing till 10 am. When the hearing resumed, the lawyer told the court that his client had appeared before the joint investigation team (JIT) formed to probe the case and had expressed her innocence.

“In the police record, officials wrote that the accused Somia Asim did not inflict torture. She repeatedly asked to send the maid back,” he said.

The lawyer said that the victim’s mother had been summoned by the JIT later today. “It would be better to wait till the evening when the JIT investigation is completed,” he said.

Niazi contended that the investigating officer had not probed all aspects of the case and asked if the police had obtained the footage of the crime scene.

“None of your arguments until now are sufficient for an extension in [Somia’s] bail,” the judge stated.

For his part, the lawyer said that the first five lines of the case were based on “lies”. To that, Judge Baloch remarked that he would only hear arguments on the suspect’s bail plea.

Somia’s lawyer went on to argue that his client should only be sent to jail once the JIT declared her guilty. But the judge asserted that it was not possible to adjourn the hearing until the special investigation team concluded its probe and asked the counsel to continue his arguments on the bail application.

Here, Niazi again asked if investigators had acquired the video of the crime scene, claiming that a three-hour clip of the victim at a bus stop was available. He also expressed fears that the data memory of the camera — which contained the said video — would run out in a day.

Subsequently, the court ordered the investigating officer (IO) to obtain the video, with Judge Baloch saying that the police were responsible for collecting evidence from “both sides”.

The video of the teenage maid was then played in the courtroom on a laptop.

“According to the video, both the teenager and Somia Asim can be seen at the bus stop,” the Niazi pointed out. “It shows the victim getting out of a car herself and she can be seen safely sitting at the bus stop for two hours.”

However, the lawyer continued, it was alleged that the teenager was found severely injured at Somia’s residence. He also highlighted that the victim’s medical report was dated July 24 whereas the case was registered on July 25.

“A fabricated story has been prepared against Somia Asim,” Niazi claimed, adding that a “media trial” of the suspect was under way even before the case was heard in court and facts were being “distorted”.

At one point, Judge Baloch asked the IO if the call detail record in the case had been collected.

However, Niazi interjected and said that the police wanted to “create a one-side story” that supported “their narrative” and had therefore not investigated other aspects of the case.

He also stated that Somia had three witnesses who could testify that they had seen the teenager in good health at her residence. “This entire drama against Somia Asim was scripted in Sargodha — where the victim hails from,” the lawyer added.

Here, plaintiff’s counsel Imdad argued that no one, including the court, could dictate the IO and asked on what basis was Somia seeking an extension in her bail.

“Will a woman commit any sin and be granted bail?” he asked. The lawyer stated that the defence counsel was trying to frame the teenager’s parents in the case “when in reality, they were offered a bribe by the suspects”.

Imdad further contended that the teenager was tortured “not once but again and again” and highlighted that hiring an underage domestic helper was itself a crime.

On the other hand, Prosecutor Waqas Haral said the victim had sustained 14 injuries as per her medical report. As he gave details of the teenager’s injuries in court, the mother of the victim broke down into tears.

“If Somia Asim was being blackmailed by the girl’s parents why didn’t she file a police complaint?” the prosecutor asked.

As the arguments from all the lawyers concluded, Judge Baloch said there should be no fear in the quest for truth. “Collect the evidence at your own pace … don’t take any pressure, the investigation should be conducted on merit,” he told the prosecutor.

The judge then rejected the suspect’s bail plea and instructed the police to arrest her.

“Take her [Somia] outside the courtroom,” he ordered. “This is difficult for me … the suspect is the wife of my colleague. But when it comes to justice, we have to ensure it,” the judge added.

Rizwana’s parents being pressured: lawyer

In a media talk after the hearing concluded, the teenager’s lawyer said Rizwana’s parents were being pressurised. “But despite that, they are bravely fighting the case.”

The defence, he said, was alleging that Riwana’s parents tortured her themselves.

Meanwhile, Prosecutor Haral said the suspect’s arrest was important to recover the instrument used to inflict torture. “This case should not be delayed and justice should be provided.”

He added that today’s verdict proved justice was still being dispensed in the country and asked the nation to pray for the speedy recovery of the teenager, who was in “critical condition”.

Talking to reporters, mother of the victim vowed she would ensure her daughter got justice and refused to come under any pressure. “I may be poor, but I won’t trade my daughter,” she said.

The case

The case was registered at the Humak police station in response to the complaint from the girl’s father, a labourer by profession. According to the FIR, he sent his daughter to the house of the judge at Zartaj Housing Society through an acquaint against Rs10,000 per month salary.

On July 23, he along with his wife and brother-in-law came to the judge’s house to meet his daughter and found her injured and weeping in a room, it added.

They found infected injuries on her head besides wounds all around the face, both arms and legs, the FIR said, adding her tooth was also found broken and swilling on both lips and eyes.

“Her ribs were also found broken, and injuries were found on her back. Marks of strangulation were also found around her neck.”

When asked, she told her family that the judge’s wife used to torture and beat her with batons and spoons daily and did not provide her with dinner.

The FIR said the girl was detained in a room since her arrival at the house. Later, the family took her to the Sargodha DHQ hospital where the girl’s condition deteriorated and was then referred to Lahore.