SC to examine Hudood Ord: Chief Justice
ISLAMABAD – Chief Justice Iftikhar Muhammed Chaudhry on Friday observed that the Supreme Court intends to examine the Hudood Ordinance in detail so as to save those young girls from prosecution who are prosecuted as adulteresses after being raped by delinquents. Chief Justice Iftikhar Muhammed Chaudhry made these observations while hearing the Nazia abduction and rape case along with Justice Abdul Hameed Dogar and Justice Saiyed Saeed Ashhad in a three-judge bench. Daughter of a poor labourer, 13-year old rape victim Nazia, was reportedly abducted by one Zahoor from Thokar Niaz Baig near Lahore and was taken to Okara where the girl became pregnant after being continuously subjected to rape.
The girl was recently freed from the captivity of the alleged rapist on the orders of the apex court when her mother Shazia moved Supreme Court of Pakistan through an application seeking recovery of her daughter and action against the abductors. Summoning the two renowned lawyers Dr Babar Awan and Malik Abdul Qayyum as amicus curiae, the apex court asked them to assist the court on this very important constitutional and legal issue. During the hearing of the case, SP Dr Inam and SP Arslan of Lahore and Okara police were sternly reprimanded by the bench for poor investigation of the case. Chief Justice Iftikhar Muhammed Chaudhry observed that it is a common practice that in case of inception of rape victims, those who outrage them are let off and the victims are made to stand in the dock during the trail. “It is a very wrong practice and we want to help such victims through recourse of law”, the chief justice further remarked. Replying a query whether the kidnapped and raped girls can be prosecuted on charges of adultery, Dr Babar Awan quoted a precedent case from the life of Holy Prophet Muhammad (PBUH), and asserted that a woman cannot be prosecuted unless and until she utters a true, voluntary and judicial confession before a competent court in three intervals. Showing utmost dissatisfaction with the poor investigation of the case, the bench directed the Punjab chief secretary and IGP to remove the inefficient police officers from their present places and ensure further probe in a lawful direction. Advocate General Punjab Aftab Iqbal Chaudhry assisted the court on behalf of the provincial government.