Child Trafficking-Karachi Court rejects bail plea of Sarim Burney in child trafficking case

 

A judicial magistrate on Tuesday dismissed the post-arrest bail application of social worker Sarim Burney in a case  pertaining to “child trafficking by way of illegal adoption” on the complaint of US authorities.

The Federal Investigation Agency (FIA) on Wednesday arrested human rights activist and philanthropist Sarim Burney when he arrived at Karachi airport from abroad for his alleged involvement in “child trafficking by way of illegal adoption” on the complaint of US authorities.

An FIA official said that the Anti-Human Trafficking Cell (AHTC) of the FIA-Karachi registered a case (FIR No. 126/2024) against Mr Burney under Sections 420 (Cheating and dishonestly, inducing delivery of property), 468 (Forgery for purpose of cheating), 471 (Using as genuine a forged document), 109 (abetment) of the Pakistan Penal Code read with Sections 3 (trafficking in persons), 4 (aggravating circumstances) and 5 (abetment and criminal conspiracy) of the Prevention of Trafficking in Persons Act, 2018.

According to the FIR, “Sarim Burney and his associates Basalat Ali Khan, Humaira Naz and others, in collusion with each other knowingly and wilfully gave false information, made misdeclaration as well as concealment of the facts before the Hon’ble Family Courts District East Karachi in the garb of illegal adoption/guardianship of three baby girls by using and providing fraudulent documents.”

It stated that the statement by the suspects that “the three baby girls in question were orphans and found from outside the gate of M/s Sarim Burney Trust and it tried level best to find their parents but no person came forward for claiming them” was contrary to the facts.

The FIA official, who spoke on condition of anonymity, said that the US Consulate General had stated in its complaint that during the last one and half years, around 17-18 children had been adopted in the US but the adoption process was ‘illegal’.

Elaborating, the official said that these children were not declared as lawaris (abandoned). As per laws concerned, only children abandoned by their families can be adopted.

However, the FIA had traced three children and the FIR had been registered about their adoption, the official added.

Mr Burney’s legal team comprising Advocate Aamir Nawaz Warraich, Aijaz Hussain Khatak and Muhammad Nawaz Dahri had filed the bail application before Judicial Magistrate (East) Khalique Zaman.

After hearing arguments from the prosecution and defence sides, the court rejected the bail plea, noting that the “material collected by the prosecution was sufficient to provide reasonable grounds for believing that a prima facie case exists” against the suspect.

During the proceedings, the prosecutor of the Federal Investigation Agency (FIA) opposed the bail application, arguing that the investigating officer needed to record the statement of Afsheen, the biological mother of a minor girl, and statements of other witnesses. He requested the court to reject the applicant’s bail plea.

Mr Burney’s counsel argued that their client was innocent and had been falsely implicated in the case.

While highlighting Mr Burney’s respectable status and numerous achievements, they asked the court to grant him bail.

In his detailed order, the magistrate noted that the offence appeared to be “very serious in nature, involving human trafficking”.

“The accused seems to be a desperate, hardened criminal and he is running an organised criminal group of human trafficking and persons, especially minors. He used to purchase minors from the persons and sold them out to the foreigners against the consideration of huge amount,” the written order said, adding: “The offenders were procuring the children through some pimps and trust arranged a meeting with a poor person with foreigners and to finalise rate and other conditions,” the court observed.

“The accused is a very influential person and he may use influence on the victim and the witnesses and there is likelihood of accused to approach or try to approach the victims/ witnesses,” the court order said.

A case was registered against Mr Burney and others under Sections 420 (cheating and dishonestly, inducing delivery of property), 468 (forgery for purpose of cheating), 471 (Using as genuine a forged document), 109 (abetment) of the Pakistan Penal Code read with Sections 3 (trafficking in persons), 4 (aggravating circumstances) and 5 (abetment and criminal conspiracy) of the Prevention of Trafficking in Persons Act, 2018.

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