PAKISTAN: Police officials refuse to file case against perpetrator for rape of blind woman

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-127-2017
ISSUES: Administration of justice, Impunity, Rule of law, Sexual violence, Torture, Victims assistance & protection, Violence against women, Women's rights,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the rape of a blind woman at gun point by the brother of an influential government official. The area police of Pakpatan police refused to file the cases of rape and abduction, torture of her husband and his brother for three days.

CASE NARRATIVE:

According to the information received from the Star welfare Organisation, 37-year-old victim Ms. Zaiban Bibi, is a blind resident of Pakpatan district, Punjab Province. Her husband Syed Zakir Hussain Shah is a 62-year-old daily wage earner.

On 1 September 2017, at around 6 p.m., Muhammad Iqbal entered Zaiban’s house while she was alone, armed with a pistol, which he used to threatened Zaiban to remain silent as he raped her. The alleged rapist is the brother of a Numberdar (a government status conferred on powerful landlords with wide-ranging governmental powers).

Zaiban’s husband, Syed Zakir Hussain, along with his brother Syed Iqbal Hussain caught Muhammad in the act, at which time he pointed the pistol at them and threatened to shoot if they dared stop him. He later fled the scene.

On the same day, Ms. Zaiban Bibi along with her husband went to register an FIR against Muhammad Iqbal. However, before reaching the Police Station, Iqbal’s brother, Muhammad Aslam and his armed men kidnapped Zaiban, her husband and his brother, and kept them locked inside a room for three days. While in captivity, Zakir was warned by Muhammad Iqbal that his children and wife would be killed and their dead bodies in a well if he reported the incident to the police.

On September 3, at around 4 p.m., the men managed to escape their captors and reached the nearest police station to lodge a complaint of the kidnapping and rape. The Station House Officer (SHO) of Qaboola Sharif Police Station refused to admit this application however, and did not even bother to enter the report in the daily dairy. This is a blatant violation of the provision of Section 154 of the Criminal Procedure Code: 

every information relating to the commission of a cognizable offence If given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer In such form as the Provincial Government may prescribe in this behalf.

Finally, on September 5, the Police admitted his application and provided him an online complaint slip. However, no FIR has been registered, and nor has any legal proceeding been initiated against the perpetrators.

The victims have moved additional applications for registration of the FIR to the Regional Police Officer (RPO) Sahiwal, District Police Officer (DPO) Pakpatan and Deputy Superintendent of Police (Circle Arif-wala). Even after the arduous and complicating process, unfortunately no FIR has been lodged against the perpetrators. 
As a last resort, the complainant filed an application under section 22A/22B of Criminal Procedure Code, for registration of FIR before the Additional Session Judge/ Justice of Peace, Arif-Wala. The application is still pending before the court.

ADDITIONAL INFORMATION:

As per Aurat Foundation’s annual report of 2016, around 7,852 cases of violence against women were reported. Punjab is the worst hit province for rape, with new police data showing that cases of rape and gang rape are on the rise. The 2014 police annual report stated that one female was assaulted sexually every three hours and 40 minutes, while one gang rape incident occurred after every 45 hours and 38 minutes. Of 2,576 rape incidents reported in 2014, the victims in 167 cases were children.

SUGGESTED ACTION:

Please write letters to the following authorities asking them to take action against the police officers who refused to file the complaint. The perpetrator and all his accomplices must be arrested immediately. Zaiban and her family must be provided with safety and security as they are facing death threats daily. 

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Violence Against Women, calling for his/her intervention into this matter”.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Police officials refuse to file case against perpetrator for rape of blind woman

Name of victim: 
1.Ms. Zaiban Bibi 37 W/O Syed Zakir Hussain Shah, resident of Chak No. 16/KB, Post Office Mari Hazara, Tehsil & District Pakpatan, Punjab.

Names of alleged perpetrators: 
1.Muhammad Iqbal, son of Muhammad Shafee, Caste Jatt, Resident of Chak No. 105/EB, Qabula, Tehsil Arif-wala, District Pakpatan. Punjab
2. Muhammad Aslam, son of Muhammad Shafee, Caste Jatt, Resident of Chak No. 105/EB, Qabula, Tehsil 3. Arif-wala, District Pakpatan. Punjab
3. Sub-Inspector Maher Nadeem Afzaal, Station House Officer, Qaboola Sharif, Pakpatan, Punjab
4. Rana Fawad, Seputy Superintendent of Police, Pakpatan,

Date of incident: 1 September 2017
Place of incident: Chak No. 105/EB, Tehsil Arif-wala District Pakpatan, Punjab.

I am concerned regarding the the rape of a blind woman at gun point by the brother of an influential government official. The area police of Pakpatan police refused to file the cases of rape and abduction, torture of her husband and his brother for three days.

According to the information received by me from the Star welfare Organisation, 37-year-old victim Ms. Zaiban Bibi, is a blind resident of Pakpatan district, Punjab Province. Her husband Syed Zakir Hussain Shah is a 62-year-old daily wage earner.

I am shocked to see that on 1 September 2017, at around 6 p.m., Muhammad Iqbal entered Zaiban’s house while she was alone, armed with a pistol, which he used to threatened Zaiban to remain silent as he raped her. The alleged rapist is the brother of a Numberdar (a government status conferred on powerful landlords with wide-ranging governmental powers).

Zaiban’s husband, Syed Zakir Hussain, along with his brother Syed Iqbal Hussain caught Muhammad in the act, at which time he pointed the pistol at them and threatened to shoot if they dared stop him. He later fled the scene.

I am appalled that on the same day, Ms. Zaiban Bibi along with her husband went to register an FIR against Muhammad Iqbal. However, before reaching the Police Station, Iqbal’s brother, Muhammad Aslam and his armed men kidnapped Zaiban, her husband and his brother, and kept them locked inside a room for three days. While in captivity, Zakir was warned by Muhammad Iqbal that his children and wife would be killed and their dead bodies in a well if he reported the incident to the police.

On September 3, at around 4 p.m., the men managed to escape their captors and reached the nearest police station to lodge a complaint of the kidnapping and rape. The Station House Officer (SHO) of Qaboola Sharif Police Station refused to admit this application however, and did not even bother to enter the report in the daily dairy.

I remind you here that, this is a blatant violation of the provision of Section 154 of the Criminal Procedure Code: 
every information relating to the commission of a cognizable offence If given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer In such form as the Provincial Government may prescribe in this behalf.

Finally, on September 5, the Police admitted his application and provided him an online complaint slip. However, no FIR has been registered, and nor has any legal proceeding been initiated against the perpetrators.

The victims have moved additional applications for registration of the FIR to the Regional Police Officer (RPO) Sahiwal, District Police Officer (DPO) Pakpatan and Deputy Superintendent of Police (Circle Arif-wala). Even after the arduous and complicating process, unfortunately no FIR has been lodged against the perpetrators.

As a last resort, the complainant filed an application under section 22A/22B of Criminal Procedure Code, for registration of FIR before the Additional Session Judge/ Justice of Peace, Arif-Wala. The application is still pending before the court.

I, therefore, call upon you take action against the police officers who refused to file the complaint. The perpetrator and all his accomplices must be arrested immediately. Zaiban and her family must be provided with safety and security as they are facing death threats daily.

 

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Shahid Khaqan Abbasi,
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: pspm@pmsectt.gov.pk, info@pmo.gov.pk

2. Mr. Ahsan Iqbal
Federal Minister for Interior
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com,
ministry.interior@gmail.com

3. Ms. Rabiya Javeri Agha
Secretary, Ministry of Human Rights
State Life Building No. 5, Blue Area, 
Jinnah Avenue, China Chowk, Islamabad
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

4. Mr. Justice Saqib Nisar,
Chief Justice of Pakistan
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

5.Mr. Rafiq Rajwana
Governor of Punjab
Governor House
Mall Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

6. Mr. Shahbaz Sharif
Chief Minister
Government of Punjab
Province’ Chief Minister
Secretariat’ 5-Club Road
GOR-I, Lahore, Punjab
PAKISTAN
Fax: +92 42 99205065
Email: cmcomplaintcell@cmpunjab.gov.pk

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)