Farishta Bibi Case

The Write Petition was filed in the Islamabad High Court in the aftermath of rape and murder of a 10-year-old girl, Farishta, whose death could have been prevented if lodging of complaint and investigation had not been delayed for four days. The Writ Petition called  for implementation of the recommendation of the Judicial Inquiry in Farishta’s case, directions to the Trial Court for speedy trial of the Farishta Case. Along with this, it also called for the implementation of recommendations for the prevention of and effective action against the crime of child sexual assault, rape and murder. These recommendations required that: i) complaints regarding the suspicion of an offence against a child be registered immediately in a separate notebook, in the presence of a witness and search activated immediately, ii) safety of accused in police should be ensured, iii) investigation of a case of crime that is sexual in nature and/or pertains to a child should be assigned to a female police officer or one who is duly sensitized on the issues, iv) no child survivor may ever be held in police custody overnight, even for medical examination, v) every victim or survivor of a sexual offence should be afforded a medicolegal examination within 24 hours and reason to be recorded in writing if delay is of more than 48 hours, vi) all efforts must be made to provide medical aid, testing for sexually transmitted diseases and pregnancy and a trained therapist to a child survivor before and after the medical exam, vii) every child survivor’s statement under S.164 CrPC, 1898 should be recorded within 10 days, in a child friendly atmosphere, in verbatim supplanted by an audio recording and presence of a parent or trusted person only be refused by Magistrate, viii) child survivor should never be placed in the direct presence of the accused, ix) ICT Police should set up community policing initiatives and x) Gender and Child Unit of ICT Police should maintain a separate list of repeatedly accused persons which should be shared with all police stations.

 

Thereafter, the Islamabad High Court on 12.01.2022, reserved the case for Judgment.

Memo Judgement