Staff Report
ISLAMABAD: A district and session court in Islamabad on Tuesday sent Somia Asim — the wife of a civil judge — to jail on 14-day judicial remand in a case pertaining to the alleged torture of an underage domestic worker in the capital.
The suspect was booked in the case after she was accused of severely torturing a teenage maid, who was moved to the Lahore General Hospital in critical condition on July 24.
According to the girl’s medico-legal certificate (MLC), she had “laceration on the head from the vertex, on the forehead, right side above the eyebrow, swollen upper lips, laceration under the upper lip on the right side, broken left incisor and left canine, a laceration on cheek, nose bleed, a laceration on the left side of vertex, multiple bruises on the lower leg, fracture on right forearm, swollen left and right eyelids, bruise on the right skull, a laceration on back, multiple bruises on back and attempt on strangulation.”
After showing reluctance, Islamabad police had registered a first information report in the case on July 26. Initially, the police booked the judge’s wife for criminal intimidation and wrongful confinement, without mentioning physical torture in the FIR. However, eight more sections — including murder — were later added to the FIR.
On July 28, the Lahore High Court (LHC) had granted protective bail to the judge’s wife till August 1. Last week, a district and sessions court in Islamabad had granted the suspect pre-arrest bail in the case till August 7.
Yesterday, a district and sessions court in Islamabad had rejected Somia’s pre-arrest bail application and ordered police to arrest her. Following the dismissal of the bail application, the order regarding interim bail also lapsed. Subsequently, the police arrested Somia from the premises of the court.
The directives issued by Judicial Magistrate Shaista Khan Kundi, who presided over the case today, said that the investigation officer (IO) in the case had sought seven-day physical remand of the suspect in order to conduct an inquiry.
The order noted that the accused objected to the plea, saying that she had fully cooperated with the IO and was ready to do in going forward.
It further said that the prosecutor had requested for the suspect’s physical custody but “admitted that substantive pieces of evidence have already been collected from the accused by the IO.” It further said that the IO had failed to give a satisfactory reply about the material which needed to be investigated.
The judge’s order said that the record showed that “recovery has been effected from the accused” when she was in custody. It further said that the suspect was a female and the alleged offences did not fall under “qatal and dacoity” for which she had an exemption under Section 167(5) of the Code of Criminal Procedure.
Subsequently, the suspect was sent to jail and authorities were directed to present her on August 22, while the IO was also told to submit a report.
Earlier today, the suspect was produced before Judicial Magistrate Shaista. At the outset of the hearing, the judge inquired why the investigation officer (IO) had sought a physical remand of the accused.
The IO replied by saying that officials still had to investigate.
“According to the law, on what section is the physical remand of a woman granted?” the judge asked. To which the investigation officer replied by saying that a physical remand can be granted if the crime committed is heinous.
At this, the judge replied: “The law only allows to grant physical remand of a woman in two cases. When the woman is nominated as a murderer or in a murder case.”
The prosecution lawyer contended before the court that receipts pertaining to the trauma inflicted on the young girl had to be collected.
At this, the defence counsel interjected saying that they have been accused of hiring the young girl as a servant. “She was not a servant at our house,” he said.
Judge Kundi directed the lawyer to obtain the video from the safe city cameras. “I can’t give you a physical remand over the media hype surrounding the case,” the judge said, adding that she was ready to cooperate.
Subsequently Somia was called to the rostrum. The civil judge’s wife said she was a mother to three children. “This torture should not be done. They called me at 1130pm last night and mentally tortured me.”
She informed the court that the investigation officer was also present there. At this, the investigation officer interjected saying “there was nothing like this madam.”
Judge Kundi then asked the investigation officer why he was pleading for a two-day physical remand.
“Because we have to investigate more,” he said. The judge then asked him what probe was conducted by him from yesterday till today.
“We have collected a lot of evidence during the investigation,” he replied. Judge Kundi told the investigation officer that “You yourself are saying that many shreds of evidence have been collected. Now why do you seek a remand?”
The prosecution lawyer pleaded with the court to decide the remand according to the law. “We are ready to accept the decision according to the law.”
Somia was called to the rostrum again. “I feel like committing suicide due to my media trial that is being conducted,” she said. “I have no relation with the case that is being portrayed.”
Somia’s lawyer urged the court to tell the media to not record the accused person.
At this Judge Kundi said: “You observing a complete parda along with wearing a mask. Your face cannot appear in the video.”
Somia asked the judge to allow her to meet her family. The court then allowed her to meet her family for ten minutes.
When the hearing resumed after 10 minutes, the judge directed the IO to present arguments on the suspect’s physical remand.
“How is the condition of the teenager? Is she still in ICU?” she further asked, to which Rizwana’s lawyer replied that the victim was out of ICU.
At one point, Judge Kundi also inquired about the money given to the victim by Somia’s family. “Was she working at your place?” she asked.
In his response, the suspect’s lawyer said his client had been accused of hiring the teenager.
Turning to the IO, the judge said the police could also obtain CCTV footage without the suspect’s physical remand. “I can’t give physical remand just for the collection of CCTV.
“I can also not allow remand over the fact that the matter was under discussion on media,” she added.
Here, Somia was called to the rostrum. “I am ready to cooperate in every way,” she assured the court, adding that she had even appeared before the investigating team after 11pm last night.
“I have three children … pls don’t make me go through this torture,” the suspect pleaded.
Subsequently, the judge reserved the verdict on the physical remand of the suspect. Later, the court sent Somia to jail on judicial remand for 14 days and directed the police to present her againon Aug 22.
