Lahore: Additional District and Sessions Judge Rafaqat Ali Gondal on Tuesday recused himself from hearing the bail application of Ahmed Tanveer, a suspect in the alleged gang rape of an Azerbaijani woman, and referred the matter to the Lahore High Court for further proceedings.
The development came as Tanveer's interim bail was due to expire on October 27. His lawyer, Safdar Shaheen Pirzada, had submitted an application seeking exemption from personal appearance, stating that his client was unable to attend the hearing because he had been arrested in a separate case.
According to the defence counsel, Tanveer was in custody for a 14 day identification parade in connection with the other investigation. Pirzada requested a one hearing exemption, but Judge Gondal declined to proceed with the bail application.
The judge informed the defence that he had prepared a reference and forwarded the matter to the Lahore High Court. No specific reason for his recusal was disclosed in the reported proceedings.
Allegations of attempted settlement and judicial bribery
The case has also drawn attention following remarks by Punjab Chief Minister Maryam Nawaz concerning alleged attempts to influence proceedings in a rape investigation. Speaking last week, Maryam claimed that the family of a suspect in a recent rape case had offered the complainant a substantial amount of money to withdraw her allegations.
She said the alleged offer was made despite the complainant having recorded her statement under Section 164 of the Code of Criminal Procedure, which allows a magistrate to record statements during an investigation.
The chief minister also referred to allegations that a judge who granted bail to the accused had received a bribe. However, Maryam did not identify the case or the judge concerned. No evidence establishing a connection between her remarks and the Azerbaijani woman's case has been publicly confirmed.
The allegations of bribery and attempted settlement remain unproven.
Five suspects in police custody
The case was registered at Lahore's Defence C police station following a complaint by an Azerbaijani woman who accused three men of gang rape. She also alleged that two women had assisted in the commission of the offence.
Police subsequently took all five suspects into custody as part of the investigation. The case involves allegations of sexual violence against a foreign national, with proceedings now covering both the criminal investigation and applications for bail.
Under Pakistan's criminal justice system, an accused person is presumed innocent unless proven guilty by a court. Bail proceedings determine whether a suspect may remain out of custody while the case continues and do not establish guilt or innocence.
High Court to determine further proceedings
The judge's decision to withdraw from the bail hearing means the matter will require further directions from the Lahore High Court. The court may determine how the application should proceed, including whether it should be assigned to another judicial officer.
The referral does not itself resolve the bail application or affect the determination of the criminal charges. Further proceedings will depend on directions from the high court, while the police investigation and legal process concerning the five suspects continue.
