IHC rejects challenge to bench formation

Tayyaba torture case

ISLAMABAD: The Islamabad High Court on Wednesday rejected the plea of OSD Additional District and Sessions Judge (ADSJ) Raja Khurram Ali, challenging the formation of a bench for hearing of the Tayyaba torture case.

IHC Chief Justice Anwar Kasi announced the judgment which was earlier reserved on the application moved by the OSD judge. The accused moved the application through his counsel, Raja Rizwan Abbasi, pleading that it would be against the norms of justice that the same judge was holding the departmental inquiry and also trial against Raja Khurram. He requested the court to amend the  formation of the bench.

However, after going through the application, the chief justice rejected the plea and directed that Justice Mohsin Akhtar Kayani would hear the case and hold the inquiry. Meanwhile, in the main petition, first video statement of Tayyaba was played before Justice Mohsin Kayani in which she stated that Raja Khurram and her wife did not torture her but she fell down on the floor and got injured. 

However, he filed ICA against the verdict of the single judge bench which framed charges against him. Justice Aamir and Justice Mian Gul Hassan Aurangzeb heard the ICA. In the ICA, he took the plea that the impugned order of the single-member bench of Justice Mohsin Akhtar dated May 10 in his chambers was not tenable according to the law. But, the single judge bench had not properly looked into appraisement of the relevant provision, he added.

The counsel said the complainant was a minor and his father was competent to enter into compromise on her behalf but the said request was turned down.