The Supreme Court on Tuesday issued directives to the authorities concerned to shift 10-year-old maid Tayca from Pakistan Sweet Home, Islamabad, to SOS Children Village, Islamabad, observing the court after two months will decide either she should remain in a foster home or her custody should be granted to her parents.
Additional District and Sessions Judge Islamabad, Raja Khurram Ali Khan and his wife Maven Zafar are accused of keeping Tayca in wrongful confinement, burning her hand, beating her with a ladle, detaining her in a storeroom, and threatening her. On December 29, 2016, Islamabad police apprehended them who were granted post-arrest bail in the matter.
After taking office on December 31 last year, Chief Justice Mian Saqib Nisar took a suo motu notice on January 04 over torture to minor maid Tayca and turning down Tayca parent's pardon granted to the accused persons decided to exercise apex court's parental jurisdiction. Later, the Supreme Court sent the matter to Islamabad High Court (IHC) to determine which trial court will take decision in the torture case. After hearing the matter in detail, the IHC had reserved its verdict in the matter. Taking up the matter on Tuesday, a three-judge bench led by Chief Justice Mian Saqib Nisar observed that in fact the court is exercising parental jurisdiction, saying where the father fails the court will undertake the issue.
During the course of proceedings, the counsel for the accused persons submitted that it would be more appropriate for the apex court to exercise its parental jurisdiction once the IHC announces its verdict in the matter. He suggested that district and sessions judge Rawalpindi may be asked for trial in the case to which Chief Justice Mian Saqib Nisar acceded to the counsel's views.
Chief Justice Mian Saqib Nisar observed that the apex court would also have to decide the issue of permanent custody of Tayca ultimately and expressed with grief, "What could be said about the father of the child who is not ready to take custody of Tayca." A female lawyer, Ayes Hamid requested the court for custody of Tayca from Sweet Home Islamabad to SOS Village Lahore on the grounds that she believes in good repute of SOS Village Lahore for a number of years.
At the same time, a female representative of Pakistan Sweet Home, Islamabad, tried to convince the bench to intact the custody of Tayca with them to which Chief Justice Mian Saqib Nisar after getting advice from his two colleagues (judges) decided to shift Tayca from Sweet Home, Islamabad, to SOS Children Village, Islamabad. Dictating the order, the Chief Justice said, "Without undermining the status of Pakistan Sweet Home Islamabad, we direct SOS Village Islamabad to take custody of Tayca on Monday (March 27) where she should stay for two months, where after it (court) will evaluate where the child should be sent to foster home or in custody of parents." Later, hearing of the matter was adjourned for a month.
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