KARACHI: A judicial magistrate has dismissed the bail applications of two accused allegedly involved in an assault on a woman in her house in Machhar Colony.
“History bears testimony that strength of a civilization is measured not by its wealth or armies, but by how it treats its women,” Judicial Magistrate (West) Inaamullah Phulpoto wrote in his order.
The judge added: “Sadly, in our society, women continue to suffer indignities behind closed doors, on the streets, and even within the sanctity of their homes. Violence against women is not an isolated act; it is a collective wound on the conscience of a nation.”
Dismissing their bail, the court observed: “The gravity of the offence, the specific overt acts, corroborative material and medical evidence, the acute risk to the complainant’s safety and dignity, the realistic danger of witness tampering, and the public interest in deterring gendered violence — this court is satisfied that the concession of bail at this stage would be contrary to justice.”
Quoting the Pakistan Demographic and Health Survey 2019, which stated that nearly 34 percent of ever-married women have experienced spousal physical, sexual, or emotional violence, the court noted that other studies put this figure at nearly “70pc” across the lifetime of women in Pakistan.
Dismisses bail pleas of two accused in assault case
“Yet, countless cases remain unreported due to fear, stigma, and lack of access to justice,” the judge remarked.
“Against this harsh reality, courts bear a sacred responsibility: to stand as the last refuge for the weak, the voiceless, and the oppressed. The Constitution of Pakistan guarantees dignity of man and protection of women (Article 14 & 25). Therefore, when a woman musters the courage to approach the court despite threats, shame, and social barriers, it is not merely her case; it is a test of the justice system itself,” the judge wrote in the order.
Regarding the case, the prosecution stated that the suspects — who lived in the same neighbourhood — had trespassed into the complainant’s house after she stopped them from committing an indecent act. It added that the suspects forcibly broke the door, entered her home, physically assaulted her, and outraged her modesty, while also assaulting her brother.
“On the argument that the offences are not “heinous” in terms of punishment, the court notes that the yardstick of heinousness is not always numerical (years of sentence) but moral (gravity of assault). Outraging a woman’s modesty and violating her home is a serious blow to social fabric. Montesquieu once wrote: “Injustice in one instance is the seed of tyranny in all.” To grant bail solely because of lesser statutory punishment would be to ignore the deep moral and social wound inflicted,” the court observed.
“The marks on her [complainant’s] face spoke louder than words. Her torn clothes, are silent but damning witnesses. When a woman shows such evidence to a court, it is an act of rare courage. To allow her assailants liberty at this stage would be to repay courage with betrayal,” it added.
“Accused reside in the same community. Social realities of Pakistan show that victims in such cases often withdraw due to intimidation. Studies by the Human Rights Commission of Pakistan (HRCP) reveal that over 70% of women complainants retract statements in violent crime cases due to pressure,” the court noted, adding that “gender-based violence is rampant. Aurat Foundation’s 2022 report notes 8 women assaulted every day in Pakistan. To enlarge the accused at this early stage would weaken deterrence.”
Published in Dawn, October 5th, 2025