ISLAMABAD - The Supreme Court (SC) on Wednesday upheld the verdict of the Islamabad High Court (IHC) to remand the case of US citizen Cynthia Ritchie against Senator of Pakistan People’s Party (PPP) Rehman Malik.
A three-member bench of the apex court, headed by Justice Mushir Alam, conducted hearing of Rehman Malik’s appeal against the IHC’s decision to remand the matter to Justice of Peace, Islamabad.
Cynthia Ritchie had approached the District and Sessions Court, Islamabad, seeking directions to police to register case against Rehman Malik. However, the Additional Sessions Judge (Justice of Peace) dismissed her application.
Feeling aggrieved by the order, Cynthia filed a writ petition in IHC, which set aside the order of Justice of Peace.
During the hearing, Advocate General (AG) Islamabad Niazullah Niazi said that the case should be registered against the senator.
Sardar Latif Khosa, counsel for the PPP senator, contended that Cynthia’s visa had expired and despite that she had been living in Pakistan.
Justice Yahya Afridi said that the court did not want to go to this side. Justice Qazi Muhammad Amin Ahmed said that the high court had not ordered registration of an FIR.
The AG Islamabad informed that the IHC’s order to remand the case to Justice of Peace could not be challenged.
He informed that an FIR had been registered against Cynthia Ritchie for levelling allegations against former prime minister late Benazir Bhutto.
Justice Amin said that a foreigner had alleged that she was raped. He asked that what action the police had taken on her complaint.
The advocate general told that the police took no action as per Section 154 of CrPC.
On that, Justice Amin said that as to why police, instead of taking action on its own, were expecting everything from the courts. Justice Yahya inquired that whether the magistrate gave any order to the police.
A police officer, present in court, replied in negative. Justice Yahya said that if a top police officer passes an order then there should be a forum, available to the complainant, to challenge it in appeal.
Justice Amin inquired from Cynthia’s counsel Saiful Malook that why he thinks that forensic is necessary. He further questioned that why his client thought to register a case after 10 years. The woman said that she was raped but the police denied it, the judge observed.
Justice Yahya questioned that if the FIR is not registered then how the investigation would be conducted.
He inquired from Saiful Malook that why his client is insisting on registration of FIR against the Senator.
