Court rejects Sarim Burney's bail request in child trafficking case

A court on Tuesday rejected social worker Sarim Burney's request for bail in a child trafficking adoption case.

Burney, who was arrested by the Federal Investigation Agency upon his arrival at the Karachi airport on June 6, filed an application through his lawyers with Judicial Magistrate (East) Khalique Zaman, seeking a released on bail after his arrest.

After hearing the arguments of both parties, the magistrate ruled that the material collected by the prosecution was sufficient to provide reasonable grounds to believe that prima facie the charges existed against the accused and therefore he did not deserve not to be released on bail.

“The accused appears to be a desperate and hardened criminal and is leading an organized criminal human trafficking group,” the magistrate observed. “He bought minors from individuals and sold them to foreigners for a huge sum. The defendant admitted in his statement that his trust received $3,000 from the adoptive parents. The accused, with the collusion of others, was in the habit of filing an application with G&W to obtain a certificate of guardianship from the court by way of misrepresentation, misrepresentation and concealment of facts from the court.

He pointed out that the offense appears to be very serious in nature since it involves human trafficking. He added that the accused is a very influential person who can use his influence over the victim and witnesses, with the possibility of approaching them or attempting to approach them. There is also the possibility of tampering with evidence and obstructing or attempting to obstruct the course of justice, he added.

Burney's legal team, including Amir Nawaz Warraich, Ejaz Khattak and Muhammad Nawaz Dahri, argued that the social worker was innocent and had been falsely implicated in the case. They claimed he had no knowledge of the minors in question because he was chairman of the Sarim Burney Trust which managed various departments including adoption, job distribution and education.

The lawyer said that the case does not fall within the prohibition clauses and that sections 3 and 4 of the Prevention of Human Trafficking Act 2018 do not apply, as the necessary requirements of these items are not fulfilled. They said no force, coercion, threats or physical restraint were used on the victim. The minor girl, Haya, was brought to the Trust by Ayaz Khan and later handed over to Hira Chottani after completing the formalities, they added.

The lawyer said that the adoptive mother, Hira Chottani, resides in Karachi and her statement was not recorded by the investigating officer and admitted that the Trust received $3,000 as fees for the legal advisor and not for the purpose of selling the minor.

The investigator said the children were taken from their biological parents, but the guardianship application falsely claimed the children were abandoned and found at the Trust's doorstep. The names of the children were changed and the court was also misled. The victim, Haya, has a biological mother, Afsheen, who sold the girl to Bushra through Madiha for 350,000 rupees. Bushra then sold Haya to the Trust for an unspecified amount.

The IO said the organization further sold the minor for $3,000 to Hira, who changed the minor's parentage and named her Haya Yasir Noorwala. The minor's real name was Muntaha, he said, adding that two other minors, named Jannat, 8, and Fatima, 6, were handed over to Sobia in the same way, with the Trust getting $3,000 for the two minors. Their parentage and names were also changed to Zahra Fatima and Sarah Fatima, he said.

The FIA ​​prosecutor argued that the offender deliberately and intentionally hid the facts from the courts. Afsheen, mother of minor Haya, implicated the accused in her statement, he said.

The prosecutor further indicated that the case was opened following a complaint from the US embassy, ​​ruling out any enmity or dishonest intention on the part of the agency. He said Burney was a very influential person and if released on bail he could use his influence to obstruct or attempt to obstruct the due course of justice or tamper with evidence.