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Pakistan: Rape victim booked for adultery

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    Rape victim booked for adultery: SC orders inquiry http://www.dawn.com/cgi-bin/dina.pl?file=nat8.htm&date=20061013 ISLAMABAD, Oct 12: The Supreme Court on
    Message 1 of 1 , Nov 4, 2006
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      Rape victim booked for adultery: SC orders inquiry
      http://www.dawn.com/cgi-bin/dina.pl?file=nat8.htm&date=20061013


      ISLAMABAD, Oct 12: The Supreme Court on Thursday took serious notice
      of a case in which a woman was raped but she was booked by police for
      zina bil raza (adultery).

      A bench comprising Chief Justice Iftikhar Muhammad Chaudhry and
      Justice Muhammad Nawaz Abbasi ordered a judicial inquiry into the matter.

      Complainant Nasreen Mai was kept in illegal confinement for 11 months
      by Iqbal, a relative of her father and her father's landlord Ali
      Muhammad Saamtia. During this period she was raped by Iqbal as a
      result of which she became pregnant and gave birth to a child. The two
      culprits stole her one-month-old child and murdered.

      "The Zina (Enforcement of Hudood) Ordinance 1979 is attracting
      criticism and objections only because of handling of hudood cases by
      police in such a manner," the chief justice observed during suo motu
      hearing of the complaint of Nasreen Mai.

      During the hearing, the court was told that 46 rape cases registered
      under the hudood laws in District Layyah were awaiting investigation
      for months for want of a senior police officer.

      DPO Layyah Nizam Shahid informed the bench that under the law, hudood
      cases, especially rape matters, could not be investigated by a police
      officer less than the rank of an SP. He stated that a request was sent
      to the inspector general Punjab police on July 6, 2006, for
      appointment of a senior police officer in the district but so far no
      step had been taken.

      "Therefore, Iqbal is still a free man," the DPO said, adding that
      being a junior officer he could not take up the inquiry.

      Additional Advocate-General Punjab Syed Azhar Hussain informed the
      court that Nasreen Mai was married to one Allah Ditta but for seven
      years she remained issueless. After some domestic dispute, she was
      asked by her father to leave her husband and stay with him.

      But Iqbal and Din Mohammad Saamtia, the AAG said, took her away and
      kept her in illegal detention for eleven months during which she was
      raped by Iqbal. When she become pregnant and subsequently gave birth
      to a child, the family members of the landlord killed the baby, the
      AAG added.

      When asked why was an adultery case was registered against Nasreen,
      the DPO explained that the police registered the case on the basis of
      the findings of the District and Sessions judge Layyah.

      However, the bench noted that the DJ Layyah, while compiling his
      report, had relied upon the investigation of police instead of
      conducting an independent judicial inquiry.

      The bench remanded the case back to the DJ Layyah with instructions to
      conduct fresh inquiry and ordered police to register a new case on the
      basis of new findings of the DJ Layyah.

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