ISLAMABAD - Justice Mohsin Akhtar Kayani Monday detached himself from hearing trial against OSD Additional District and Sessions Judge (ADSJ) Raja Khurram Ali Khan and his wife in 10-year old maid Tayyaba's torture case.
Accused Counsel Raja Rizwan Abbasi during the course of proceeding requested Justice Kayani to detach himself from the trail as he was also holding departmental inquiry against his client and termed it against the norms of justice.
Justice Mohsin while accepting Abbasi's request sent the case back to Chief Justice IHC Muhammad Anwar Khan Kasi for formation of new bench which could hold trail on the matter.
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.
Because you found him to be a culprit, you should not hear this case," the 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.
