Vol 01 No 01 - INDIA: Thirst for Democracy (April 2012)

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TORTURE: ASIAN AND GLOBAL PERSPECTIVES | APRIL 2012

He took her straight to the Tehsil Court, Takte Nasrati. The enemies tried to obstruct their entry by appearing in a number of vehicles but Uzma managed to make her statement before their arrival. The Judge telephoned the Crimes Investigation Branch and Uzma and her family went to Peshawar to have her statement recorded. In her statement, Uzma has accused police personnel SHO Mohsin Ali, ASI Hakeem Khan, Amir Ali and Naseeb Ullah, the army officer, of sexually abusing her. In all, she named 13 persons as those involved in her abduction and rape. The victim told the provincial high court that she was pregnant. A lady doctor Zakia conducted the medical examination of the girl and declared that she was six months pregnant. It must also be acknowledged that in the cases of rape and abduction of women, the attitudes of the courts is usually not sympathetic. Before her escape on September 19, 2011, the case of her abduction, on the complaint of her mother was under process, but the courts were unable to recover her. In the month of April, 2011, the Chief Justice of Peshawar High Court took the case and converted it into a writ petition, but it has not provided justice to the victim in her recovery. The victim’s family has to face the dates of the hearing and observe the court’s impotency before the police and administration. It can be observed by the proceedings of the court that the matter was closed without any conclusion. The alleged perpetrators were arrested, but were immediately released by the court on the grounds that girl was not recovered. On April 5, 2011, a two-member bench comprising Justice Dost Muhammad Khan and Justice Yahya Afridi had directed the district police officer to trace the kidnapped

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girl when the girl’s mother had alleged that her daughter, then a student of 9th grade, had been kidnapped by police officials including SHO Pir Mohsin Shah, Sub-Inspector Hakeem Khan and Amir Muhammad during an illegal raid on her house. She had sent an application to Chief Justice of the PHC Ejaz Afzal Khan who had later converted it into a writ petition. The Karak DPO, Sajid Khan Mohmand, appeared before the court and contended that on the complaint of the female, the police had registered an FIR at the Takht-e-Nasrati Police Station in Karak. Police had raided several places, but could not recover the girl. He had added that four persons earlier charged by the complainant had been granted bail by a local court. A brother of the alleged kidnapped girl, Alamzeb Khan, had told the court that the family had learnt that his sister had been taken to Quetta by an army man, Naseeb Ullah Khan. He stated that although the family had named him, the local police did not arrest him. He had stated that the local police had also implicated him in different cases. The DPO stated that the complainant had not charged the said person in the initial statement. The PHC chief justice on April 6th directed the Karak DPO to contact the station commander of the Pakistan Army in Quetta to search for the teenage girl who, according to her family members, was being illegally held by a serving soldier after her alleged abduction by the local policemen. Alamzeb Khan, the brother of the kidnapped girl, informed the court that his family had received information from reliable sources that his sister was in illegal detention of the main accused Naseeb Ullah, who was an army man and currently serving in Quetta. The bench had directed the Karak DPO to record a supplementary statement of the girl’s brother against Naseeb Ullah in the case. The bench also directed him to send a senior police officer to Quetta to discuss the girl’s abduction with the station commander,


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