Karachi: The Sindh High Court (SHC) on Monday rejected the bail plea of rights activist Sarim Burney in a human trafficking and document tampering case, where he is accused of illegally facilitating the adoption of over 25 children in the US.
In June 2024, the Federal Investigation Agency (FIA) arrested Burney upon his return from the US after a complaint from the American government regarding human trafficking charges.
Court Proceedings and Lawyers’ Arguments
During today’s hearing, defence lawyer Aamir Mansoor Qureshi argued that the case dates back to 2019, yet the FIA only registered the FIR in 2024.
He further contended that the charges framed against Burney did not align with legal provisions, emphasizing that no forgery was committed in the documents presented by the accused.
However, the prosecution claimed that the names of trafficked baby girls were altered in official records. The defence maintained that the Sarim Burney Welfare Trust International (SBWTI) did not have documents verifying the infants’ original names.
Bail Rejected, Legal Proceedings to Continue
Despite these arguments, the court dismissed the bail plea, allowing the legal proceedings to move forward.
Charges and Legal Provisions
In November 2024, the FIA charged Burney, his wife Aliya Naheed Malik, and others under multiple sections, including:
- Pakistan Penal Code (PPC):
- 420 (Cheating and dishonestly inducing delivery of property)
- 468 (Forgery for cheating)
- 471 (Using a forged document as genuine)
- 201 (Causing the disappearance of evidence)
- 109 (Abetment)
- Prevention of Trafficking in Persons Act, 2018:
- 3 (Trafficking in persons)
- 4 (Aggravating circumstances)
- 5 (Abetment and criminal conspiracy)
These charges led to the issuance of a non-bailable warrant for the arrest of his wife, Aliya Naheed Malik.
Serious Allegations in Investigation
Investigators claimed that Burney and his co-conspirators deliberately misled the court by furnishing assumed information, making false declarations, and covering up the truth with mala fide intentions.
Ironically, the SBWTI website claims to provide legal assistance against child abuse, harassment, sexual assault, human trafficking, domestic violence, and other serious crimes, yet the organization is now facing allegations of committing the very crimes it claims to fight against.
Child Protection Challenges in Pakistan
According to a Unicef report, children in Pakistan are vulnerable to various forms of violence, including physical, psychological, and sexual abuse, as well as economic exploitation and trafficking.
Despite Pakistan ratifying the Convention on the Rights of the Child (CRC) nearly 30 years ago, no publicly coordinated child protection case management system, in alignment with international standards, has been established to date.
