ISLAMABAD: The Supreme Court on Wednesday upheld the Islamabad High Court (IHC) decision to remand US blogger Cynthia Ritchie’s alleged rape case against PPP Senator Rehman Malik to justice of peace.
A three-judge bench, headed by Justice Mushir Alam, heard Rehman Malik’s appeal against the IHC verdict to remand the matter to Justice of Peace, Islamabad.
Cynthia Ritchie approached District and Sessions Court, Islamabad, seeking direction to police to register the case against Rehman Malik.
However, the Additional Sessions Judge (Justice of Peace) dismissed her application. Feeling aggrieved by the order Cynthia filed a writ petition in the IHC, which set aside the order of Justice of Peace.
Advocate General (AG) Islamabad Niazullah Niazi said the case should be registered against the Senator Rehman.
Sardar Latif Khosa, counsel for PPP senator, argued that Cynthia’s visa had expired despite that she had been living in Pakistan.
Justice Yahya Afridi said they did not want to go to that side.
Justice Qazi Muhammad Amin Ahmed said still the High Court had not ordered for registration of FIR.
He said they wrote in the order that Justice of Peace decided the matter without being influenced by the IHC verdict.
The AG Islamabad told that the IHC order to remand the case to Justice of Peace could not be challenged.
He informed that an FIR had been registered against Cynthia Ritchie for leveling allegations against Benazir Bhutto (late).
Justice Amin said a foreign lady had alleged that she was raped.
He asked what action the police had taken on complaint.
The advocate general told that the police took no action under Section 154 of CrPC. Upon that Justice Amin said why the police instead of taking action on its own was expecting everything from the courts.
Justice Yahya inquired whether the magistrate gave any order to the police.
A police officer, present in court, replied in negative.
Justice Yahya said if a top police officer passed an order then there should be a forum, available to the complainant, to challenge it in appeal.
Justice Amin inquired from Cynthia’s counsel Saiful Malook why he thought forensic was necessary.
He further questioned why his client thought to register case after 10 years.
The woman said she was raped but the police denied it, the judge observed.
Justice Yahya questioned if the FIR was registered, then how the investigation would be conducted.
He inquired from Saiful Malook why his client was insisting on registration of FIR against the senator.
Justice Amin questioned whether a USA citizen could contest a case in America.
Copyright Business Recorder, 2020
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