IN THE SUPREME COURT OF PAKISTAN 
       (Original Jurisdiction) 
 
 
Present: 
 
  Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
  Mr. Justice Jawwad S. Khawaja 
 
 
  Mr. Justice Amir Hani Muslim 
 
 
Human Rights Case No.42389-P of 2013 
(Action taken on news clipping from ‘Daily 
Dunya’ dated 4.11.2013 regarding rape on a 
deaf and mute lady at Nankana Sahib) 
 
 
 
 
For the Complainant: 
Nemo. 
 
 
On Court’s Notice: 
Malik Faisal Rafique, Addl. AG, Pb. 
 
 
 
 
Mr. Irfan Ullah Khan, SP (Ivs.) 
 
 
 
 
Mr. Muhammad Ashraf, DSP, Legal 
 
 
 
 
Mr. Farmaish Ali, SHO, P.S. Nankana Sahib 
 
Date of hearing: 
 
20.11.2013 
O R D E R 
 
Iftikhar Muhammad Chaudhry,CJ.- In the instant case proceedings 
were initiated on the press clipping published in ‘Daily Dunya’ dated 4th 
November, 2013 contents of the same reads as under:- 
� � � ر�� م� ،�د�ز ��ا � ن�� ى� �� 
�ا � � ف�ا � � � � � سا� و ش� �و� ہ� �� � ن�� 
ى�وار)ر� �� ( �� � ن�� ى� �� � �� � �� �� � ��6 ،د� ��و ،�د�ز ��ا � دا�ا  جرد ��
� � �� د� زا � � � � �ا� ،� � سا� و ش� �و� ہ� �� � ن�� ،ر�� م� ن�� � � � ��  � �ا
� � ے� �� ىد� � � � �ز� ہ� ى� �� � سا � �� � قور� � � آ �د �د ��زور ،ىد � ہو روا �� �� � زا
� � �د�ز � م� ہو � � �آ � � � ىزرد �و� � سا � �� ��ر � ��� غ� د� �� � � �� �� �� � � �
 �آ10 � � � �ا� � � � � �ز� � � نا � �� روا �� ��ر �� � ��ا  � � ں� � � � ے� �� روا ��ا
 د�� �4  � � � ند ر� � �� � � � �� �� � د� �ا � روا � �ر � �� � سا ىر� ىر� � � نا � دا�ا
�� � ہ�او �ا روا � آ � � ��او �ا � گ� ہو � � �� ند جرد �� ف� � دا�ا نا روا � � ع�ر � �� � � 
 � �ا � ل� � � � � قور� � ،� � سا� و ش� ہو � � �� � ےر� سا � �و� � ۔� �او�2 � ا� � ن��
� ىر�� روا �د ل��و� � �آ ىو � �� �ا � ۔� � �او � �ا � �د � م� ےر� ن� �ا � � � روا �اڈ 
۔�� � �ا� ف�ا �ا روا �� � �� د� زا � � سا � � � �ا � � � � قور� 
HRC-230781-G/2013 
2
On having considered the gravity of the incident wherein a deaf and dumb 
women mother of three children molested report was called for from the 
Inspector General Punjab Police. In response to the order of this Court and 
on receipt of the report submitted by Muntazir Mehdi, DPO the following 
order was passed on 8.11.2013:- 
 
“An unfortunate incident of gang rape of a deaf and mute lady namely 
Mst.Fouzia, mother of three children, by more than two persons took place in 
District Nankana Sahib on 9.10.2013. Admittedly, she was running from pillar 
to post for redressal of her grievance but nobody listened to her. Consequently, 
she went to the Ilaqa Magistrate herself and submitted application praying for 
her medical examination. It was for the first time that on 12.10.2013, the 
learned Ilaqa Magistrate, ordered for her medical examination from the D.H.Q. 
Hospital, which was accordingly conducted and following injuries were 
noticed on her person : - 
“Two mild tears and very mild redness on vulva means inner 
side of wall of labia majora measuring .25 x .5 cm both no 
need to stitch just like abrasions. Progress with med.   
 
2. 
Perhaps on having smelled by the Police about adverse action being 
taken by the Magistrate or some other authority, FIR No.364/13 dated 
14.10.2013, under section 376(2) PPC, was registered at Police Station 
Nankana Sahib on the application of her brother Muhammad Ibrahim, as the 
victim is deaf and mute. However, taking the advantage of same, the 
investigation of the case was not conducted honestly, in as much as the 
victim’s statement was not recorded. When this matter was reported in 
newspaper “Duniya” on 4.11.2013, the same was brought to the notice of one 
of us (Justice Iftikhar Muhammad Chaudhry, CJ) by the office for perusal and 
report was called from the Inspector General of Police, on 6.11.2013. No report 
was submitted by the Inspector General of Police, Punjab, and it seems that 
instead of taking prompt action, he handed over the matter to some of his 
subordinate. In any case, on account of non-receipt of report on 7.11.2013, the 
case was ordered to be fixed in the Court with notice to the Advocate General, 
Punjab.  
 
3. 
The S.H.O of Police Station City, Nankana Sahib, has appeared and 
placed on record a report dated 6.11.2013, signed by the D.P.O Nankana Sahib, 
concluding para there-from is reproduced herein below:- 
 
“Having been found sensitive incident, I also visited 
the place of occurrence and interrogate the nominated 
accused as well as the victim. The victim told through 
indicators/beckon that she was sleeping at the roof of the 
house and 03 unknown accused persons committed rape with 
HRC-230781-G/2013 
3
her forcibly while the complainant stated that 06 accused 
committed rape with her sister in a room. There is 
contradiction in the statements of brother and sister (victim) 
and this contradiction makes the story doubtful. It is 
pertinent to mention here that accused Muddasar and 
Muzzamal are also real paternal nephews of her husband 
Nawaz Ahmed and also living in this house so it is very 
astonishing thing that 06 accused can commit rape in the 
same house.  
 
The complainant also nominated Shahid accused in 
his supplementary statement but on the next day i.e. 22-10-
13 the complainant, PWs and victim submitted their written 
stamp papers/affidavit in which they have been declared 
Shahid Iqbal as innocent. During investigation the 
complainant failed to produce the PWs. Only one PW 
Suleman came and stated that he did not see the incident. 
The victim has also denied to examine her DNA test. During 
investigation the incident narrated above by the complainant 
is not proved, please.”   
 
 
4. 
We brought to the notice of learned Additional Advocate General, 
Punjab, the fact that despite the request of victim, the police did not register the 
case and no action was taken and having left with no option, she went to the 
Ilaqa Magistrate and on his directions, the victim was medically examined and 
report was given, which has been reproduced hereinabove, subsequent thereto 
on 14.10.2013, the case was registered knowing well that, prima facie, a 
positive report has been given, but the victim was not examined by the police 
and on the contrary the District Police Officer, Nankana Sahib, has given a 
clean chit to the accused, in as much as at one stage on having taken affidavit 
from the brother of the complainant, he has discharged one of the accused 
person namely Shahid Iqbal knowing well that no such authority vests in the 
police to exonerate any accused on the basis of affidavit. Similarly, there is a 
statement of Hafiz Muhammad Suleman, one of the prosecution witnesses, 
which corroborates the statement of the victim Mst. Fouzia. It appears that after 
registering the case though reluctantly on 14.10.2013, the police did not take 
any action, in as much as no proper case diaries were maintained. When we 
inquired from the S.H.O Farmaish Ali and Muhammad Ashraf DSP (Legal), 
Nankana, present in court, as to whether they made any attempt to record the 
statement of the victim by going to her home, they could not show any material 
from the case diary.   
 
5. 
When the case was taken up in the morning, the learned Additional 
Advocate General has stated that some time be given to him to contact the 
concerned authorities. After some time, the case was again taken up. He 
informs that the matter has been brought into the notice of high ups and they 
have promised to take action against the accused. Prima facie, we are of the 
opinion that the police has been influenced on account of extraneous reasons, 
because no action has been taken either by the police or the high ups, despite 
the fact that the matter was brought to their notice. Reliance is placed on the 
case of Salman Akram Raja and another vs. Government of Punjab (2013 
HRC-230781-G/2013 
4
SCMR 203). Therefore, in view of the above, we appoint Mr. Nazir Gajana, 
District and Sessions Judge, who was previously posted at Chiniot, to conduct 
an inquiry in this case and submit report on 13.11.2013. This order shall be 
sent to him through the Registrar of the Lahore High Court, Lahore, during 
course of the day. The S.H.O Farmaish Ali, P.S City Nankana Sahib and 
Muhammad Ashraf DSP Legal, Nankana, shall appear before Mr. Nazir Gajana 
on 11.11.2013 along with the F.I.R, medical examination report  and other 
relevant record (police file) of the case. They shall also produce the victim and 
other P.Ws including Hafiz Muhammad Suleman before him. 
In pursuance of the above directions, learned District & Sessions Judge has 
submitted a report wherein he has discussed all the aspects of the case and 
also pointed out the defects in the investigation particularly about the 
conduct of the police the following observations were made:- 
 “In this latest statement Fauzia Parveen alleged victim expressed 
that after last Eid ul Fitar at about 12:00 midnight she was asleep on 
the roof of their house along with other family member, her cot was 
at the corner. One person of lean stature with muffled face came 
upstairs awakened forcibly, threatened her, administered Betal Leaf 
containing tablets to her and on taking the same her eyes were 
closed. Fauzi Parveen further stated that he took her downstairs by 
lifting the other persons one of stout and the second of normal 
stature were also present with muffled faces and all the three took her 
into the room, closed the door, stripped off Fauzia’s clothes when she 
was almost unconscious and the person with lean stature bringing 
her downstairs committed rape with here, while the other two had 
just touched her body including breasts but did not commit Zina bil 
Jabar with her. The alleged victim stated clearly that she could not 
tell the names of the culprits. She added that she could not recognize 
them on appearance as they were with muffled faces. She clarified to 
make the above statement with her free consent and will also with 
the fear of Allah Almighty only. She maintained that she had not 
pressure whatsoever of her husband, any of his relatives or any of the 
policeman.  
 Brother of the victim approached the police station City Nankana 
Sahib on the next day i.e. Saturday for issuance of docket for medical 
HRC-230781-G/2013 
5
examination of Fauzia Parveen but police did not redress his 
grievance and then Fauzia was produced before the Magistrate who 
ordered for medical examination and Fauzia Parveen was ultimately 
examined medically.     
 Even in the above sorry state of affairs, the role of police of P.S. 
City Nankana Sahib is not enviable. Medical examination Fauzai 
Parveen was not got conducted on 12.10.2013 when complainant 
approached P.S. City Nankana Shaib. Admitted that complainant 
party succeeded to get Fauzia Parveen examined medically on that 
very date thorough order of Magistrate but police failed to discharge 
its duty about it. Delay in lodging of FIR though mainly attributed 
to the conduct of the compliant party but the police of P.S. City 
Nankana Sahib was also negligent in this regard. Police did not 
record the statement of victim till 8.11.2013 and no valid 
justification whatsoever was presented for this negligence and delay 
of 17 days after FIR. It is further unfortunate that police showed 
slackness and negligence for putting the alleged victim and three 
accused to DNA testing. It is further sorrowful that the alleged 
accused were made to sit in the P.S. promptly but their formal arrest 
was not made and the arrest of Mudassar and Muzammil accused 
was recorded to be postponed with much delay. The exoneration of 
Shahid accused on the basis of affidavit was another defective of the 
police of P.S. City Nankana Sahib. Farmaish Ali Inspector/SHO of 
P.S. City and Maqbool Ahmed, SI/I.O are responsible for the above 
delinquencies.  
 I have been shown by DSP Legal Nankana Sahib the order dated 
8.11.2013 passed by Mr. Abu Bakar Khuda Bakhsh RPO, 
Sheikhupura Region at Lahore transferring the investigation of this 
case out of District Nankana Shahib and entrusting the same to Mr. 
Irfanullah Khan, SP (Investigation) Sheikhupura. This intervention 
of police high-ups was needed much earlier.  
 In the end it is humbly submitted that though the story of Fauzia 
Parveen the alleged victim regarding rape is somewhat doubtful but 
Farmaish Ali Inspector/SHO and Maqbool Ahmed SI/I.O. of P.S. 
HRC-230781-G/2013 
6
City Nankana Sahib committed negligence in dealing with the above 
matter as detailed earlier.  
Prima facie, it appears that the DPO, Muntazir Mehdi being in supervisory 
position did not probe diligently into the inquiry conducted by his juniors 
and exonerated the culprits on the ground that there was contradiction in 
the statements of the victim and her brother as to number of the accused; 
as according to the victim, rape was committed by three accused whereas 
her brother (complainant) stated that they were six in numbers. Not only 
this, even one Shahid culprit who was prima facie found to be involved 
was allowed to go scott free in view of the affidavit which was obtained 
from the complainant. The complainant has stated in the Court that he had 
given the affidavit under influence. It is to be noted that as per the medical 
report the happening of the incident cannot be denied. The opinion of the 
medical officer is reproduced as under:- 
 
“Two mild tears and very mild redness on vulva means inner side 
of wall of labia majora measuring .25 x .5 cm both no need to stitch 
just like abrasions. Progress with med.   
2. 
Mr. Muntazir Mehdi, DPO appeared in person and offered 
explanation pleading innocence but the facts noted hereinabove are 
sufficient to conclude that on account of his criminal negligence a poor 
lady who is deaf and dumb subjected to criminal act and the police 
knowing well about their negligence were trying to cover up their defects. 
In this view of the matter, we direct the Inspector General Police, Punjab to 
initiate criminal proceedings against all concerned delinquent police 
officers/officials including the said Muntazir Mehdi as early as could be 
possible. He shall make sure an independent investigation without being 
influenced by anyone who is allegedly involved in the case. In the 
HRC-230781-G/2013 
7
meanwhile, for the purpose of initiating disciplinary proceedings against 
the DPO Muntazir Mehdi and other delinquents, the matter shall be 
referred to the concerned authority in accordance with law. The petition 
stands disposed of in the above terms.  
 
Chief Justice 
 
  
     Judge 
 
     Judge 
Islamabad 
20.11. 2013 
 M. Azhar Malik 
 
 
 
 
