Friday, October 10, 2008
By Sajid Bashir
LAHORE:
An ill-fated family of a seven-year old orphan who was raped is facing grave problems to seek justice and is being forced to leave their home to live far away owing to influence of the family of the accused.
The victim, Tayyaba, and her mother, Nusrat Bibi, used to live at Sidhawala, a village of District Sheikhupura. Besides, the police are not providing any shelter to the victim’s family. This has forced Nusrat and Tayyaba to live with her brother at Bund Road Lahore. Muskrat’s brother is a TB patient and is dead poor and could not even support his own family, as he is a sole bread earner.
Tayyaba’s brother, nine-year old Muhammad Ahmed is not living with his family as he has left the house to stay with Shafiq and is looking after his poultry farm. Jamshed and Shafiq have reportedly allured him to do so. Both of them were prosecution witnesses in the rape case and had recorded their statement with a court in this regard but later recanted.
On March 11, 2008, sixteen-year old Zubair allegedly raped Tayyaba with connivance of Talha, Muzammil and Muzaffar in Sidhawala when she was on way to house from school and left her in critical condition.
The family approached the area police for registration of a case in this regard; however, the name of the main accused was not mentioned in the FIR despite being nominated for the crime.
On a complaint to the then IGP Azhar Hasan Nadeem in this connection, he suspended DSP Khadim Hussan and SHO Sayed Riaz Shah of Narang Mandi police station for defending the main accused, Zubair, and not nominating him in the FIR. An FIR against the DSP and the SHO was also registered under Section 201 of Pakistan Penal Code and Section 155 of the Police Order-2002 on March 16.
During the trial of the accused, Zubair, Ferozewala Additional District and Sessions Judge (AD&SJ) Qamar Ijaz after hearing the statements of police officials and lady doctor Nazia, who conducted medico legal examination of Tayyaba, and Nusrat Bibi, found him guilty and cancelled his bail.
The judge observed that the crime was heinous and so the accused could not be given the relief of bail. Later, Tayyaba in the court pointed out Zubair as the one who raped her. She pointed out her finger towards him when the judge asked her to recognise the accused. All the witnessed have also made it clear that the victim was raped.
It should be noted that Chairman Free Legal Assistance and Settlement Advocate Sh Anis AA Saadi, Advocates Muhammad Irfan Mukhtar and Imran Ali were contesting Tayyaba’s case voluntarily.
It is worth mentioning that Lahore High Court Chief Justice Sayed Zahid Hussain while exercising his suo motu powers has directed the additional district and sessions judge to dispose of Tayyaba’s rape case within the shortest possible time by avoiding unnecessary adjournment.
The chief justice took this notice on a news items published on July 27 in a section of press wherein Nusrat Bibi appealed him for directions to the AD&SJ to hold a speedy trial of the accused.
She said all miseries she had to bear as her husband died some four years back. She said even no one was ready to go with her to the police station but one of her neighbour, Jamshaid, financially helped her and went with her to the police station. Lastly, Nusrat Bibi said that she has no financial support and she is hoping that may be one day she would get justice.
Earlier, Punjab Chief Minister Mian Shahbaz Sharif met with the victim at Mayo Hospital when she was admitted there and gave Rs 50,000 to her mother and assured her that she would get justice soon.
Now, Tayyaba’s mother had complained that the two prosecution eyewitnesses, Jamshed and Shafiq, extorted Rs 40,000 from the amount that the had given her. She said they threatened to withdraw their statement sin the support of the rape victim’s case if they were not paid. She said nevertheless, they had withdrawn their statement s and failed to appear before the court even after taking the money.
Nusrat Bibi, mother of Tayyaba, told The News that the family of the accused had been threatening her not to lodge the case since day one. She said twice Zubair and his brothers harassed her daughter and about six months ago, she also lodged a complaint with the police and later reconciled with them on request of the local high-ups.
She said since then she had been dropping and picking her daughter from school as she was the student of class one but unfortunately on the day of the incident she could not go there to take her home and she fall prey to the accused.
She said the accused had been disturbing her on behest of his father, Arshad, who was a leader of a religious group of the area. She said he never stopped the accused from harassing her despite repeated complaints by her.
She said the cause of grudge between her and the accused family was seven sheep, which were forcefully taken by Arshad some two years back. She said the sheep were worth of Rs 50,000. She said these were not yet returned and she had now stopped demanding their return. She said all miseries she had to bear as her husband died some four years back. She said even no one was ready to go with her to the police station However, one of her neighbour Jamshaid economically supported her and went with her to the police station.
Lastly, Nusrat Bibi said that she has no financial support and she is taking her last breaths in a hope that may be one day she would get justice.
The victim, Tayyaba, and her mother, Nusrat Bibi, used to live at Sidhawala, a village of District Sheikhupura. Besides, the police are not providing any shelter to the victim’s family. This has forced Nusrat and Tayyaba to live with her brother at Bund Road Lahore. Muskrat’s brother is a TB patient and is dead poor and could not even support his own family, as he is a sole bread earner.
Tayyaba’s brother, nine-year old Muhammad Ahmed is not living with his family as he has left the house to stay with Shafiq and is looking after his poultry farm. Jamshed and Shafiq have reportedly allured him to do so. Both of them were prosecution witnesses in the rape case and had recorded their statement with a court in this regard but later recanted.
On March 11, 2008, sixteen-year old Zubair allegedly raped Tayyaba with connivance of Talha, Muzammil and Muzaffar in Sidhawala when she was on way to house from school and left her in critical condition.
The family approached the area police for registration of a case in this regard; however, the name of the main accused was not mentioned in the FIR despite being nominated for the crime.
On a complaint to the then IGP Azhar Hasan Nadeem in this connection, he suspended DSP Khadim Hussan and SHO Sayed Riaz Shah of Narang Mandi police station for defending the main accused, Zubair, and not nominating him in the FIR. An FIR against the DSP and the SHO was also registered under Section 201 of Pakistan Penal Code and Section 155 of the Police Order-2002 on March 16.
During the trial of the accused, Zubair, Ferozewala Additional District and Sessions Judge (AD&SJ) Qamar Ijaz after hearing the statements of police officials and lady doctor Nazia, who conducted medico legal examination of Tayyaba, and Nusrat Bibi, found him guilty and cancelled his bail.
The judge observed that the crime was heinous and so the accused could not be given the relief of bail. Later, Tayyaba in the court pointed out Zubair as the one who raped her. She pointed out her finger towards him when the judge asked her to recognise the accused. All the witnessed have also made it clear that the victim was raped.
It should be noted that Chairman Free Legal Assistance and Settlement Advocate Sh Anis AA Saadi, Advocates Muhammad Irfan Mukhtar and Imran Ali were contesting Tayyaba’s case voluntarily.
It is worth mentioning that Lahore High Court Chief Justice Sayed Zahid Hussain while exercising his suo motu powers has directed the additional district and sessions judge to dispose of Tayyaba’s rape case within the shortest possible time by avoiding unnecessary adjournment.
The chief justice took this notice on a news items published on July 27 in a section of press wherein Nusrat Bibi appealed him for directions to the AD&SJ to hold a speedy trial of the accused.
She said all miseries she had to bear as her husband died some four years back. She said even no one was ready to go with her to the police station but one of her neighbour, Jamshaid, financially helped her and went with her to the police station. Lastly, Nusrat Bibi said that she has no financial support and she is hoping that may be one day she would get justice.
Earlier, Punjab Chief Minister Mian Shahbaz Sharif met with the victim at Mayo Hospital when she was admitted there and gave Rs 50,000 to her mother and assured her that she would get justice soon.
Now, Tayyaba’s mother had complained that the two prosecution eyewitnesses, Jamshed and Shafiq, extorted Rs 40,000 from the amount that the had given her. She said they threatened to withdraw their statement sin the support of the rape victim’s case if they were not paid. She said nevertheless, they had withdrawn their statement s and failed to appear before the court even after taking the money.
Nusrat Bibi, mother of Tayyaba, told The News that the family of the accused had been threatening her not to lodge the case since day one. She said twice Zubair and his brothers harassed her daughter and about six months ago, she also lodged a complaint with the police and later reconciled with them on request of the local high-ups.
She said since then she had been dropping and picking her daughter from school as she was the student of class one but unfortunately on the day of the incident she could not go there to take her home and she fall prey to the accused.
She said the accused had been disturbing her on behest of his father, Arshad, who was a leader of a religious group of the area. She said he never stopped the accused from harassing her despite repeated complaints by her.
She said the cause of grudge between her and the accused family was seven sheep, which were forcefully taken by Arshad some two years back. She said the sheep were worth of Rs 50,000. She said these were not yet returned and she had now stopped demanding their return. She said all miseries she had to bear as her husband died some four years back. She said even no one was ready to go with her to the police station However, one of her neighbour Jamshaid economically supported her and went with her to the police station.
Lastly, Nusrat Bibi said that she has no financial support and she is taking her last breaths in a hope that may be one day she would get justice.
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