The judge presiding over the Tayyaba torture case has recused himself from future hearings of the case after finding the accused guilty, and has sent the case back to the chief justice of the Islamabad High Court (IHC).
The case concerns ten-year-old Tayyaba, who was recovered from the house of former Additional District and Sessions Judge (ADSJ) Raja Khurram Ali Khan, where she had allegedly been employed illegally as a housemaid. She was also allegedly tortured by Khan and his wife, Maheen Zafar, before she was rescued.
The Supreme Court had taken suo moto notice of the matter after reports of the child’s torture surfaced on social media.
“You were the investigating officer in the departmental inquiry against Raja Khurram Ali Khan. Bacause you found him to be a culprit, you should not hear this case,” the accused’s lawyer argued on Monday.
“We don’t have any objections against you, but according to the law you cannot hear this case anymore,” the lawyer said.
Justice Kiyani agreed: “I was involved in the inquiry against the accused, and in that, I have found him guilty. After the accused’s objection, I cannot sit through this hearing.”
Two doctors were called to record their statements failed to show up to the hearing. They were ordered to report to the court in the next hearing.
The case was adjourned for an indefinite period.