SC rejects Rehman Malik's petition against IHC verdict

ISLAMABAD: The Supreme Court (SC) on Wednesday rejected former Interior Minister Rehman Malik's petition against Islamabad High Court (IHC) decision.

A three-member bench of the apex court, headed by Justice Mushir Alam and comprised Justice Yahya Afridi and Justice Qazi Muhammad Amin Ahmed, heard the case and maintained IHC's decision regarding forwarding of American citizen Cynthia Dawn Ritchi's matter regarding Rehman Malik to the Justice for Peace.

During the course of proceedings, Advocate General Islamabad Niaz Ullah Niazi said case should be registered against the petitioner.

Advocate Latif Khosa counsel for Rehman Malik said Cynthia came to Pakistan in 2010 and now her visa had expired.

Justice Yahya Afridi said the court did not want to intervene over the matter.

He said the high court did not order registration of the FIR over the matter.

Justice Qazi Amin said the court could disposed of the petition with direction that the case should be heard on merit without coming under pressure of the high court decision.

Justice Yahya Afridi asked, did the magistrate issue any order in this regard? The police officer responded that the magistrate did not issue any order.

Justice Yahya Afridi said if a senior police officer made an order, the complainant should have the right to appeal before some other forum.

The procedure was not followed as it should have been, so the matter went to Justice for Peace, he added.

Latif Khosa said this would be such a dangerous example that anyone would stand up and accuse anyone, including the prime minister or the chief justice.

He said not only SHO but also DSP and SP said the complaint was not valid.

There was no justification for the order of the high court, he added.

Justice Qazi Amin questioned Cynthia's lawyer Saif-ul-Malook whether forensic audit was required in this case.

He asked the counsel why the idea came ten years later? He asked Saif why he was repeatedly insisting that the case should be registered.

Justice Qazi Amin said one woman had said she was raped, while the police stated she was not. Justice Yahya Afridi asked if the case was registered, how would it be investigated?.