October 16, 2026
By Hashir Ahsan
ISLAMABAD
The Supreme Court on Friday heard the bail petition of Shahrukh, an accused in the sexual assault of a five-year-old girl, during which the court dismissed the accused’s bail.
A two-member bench headed by Justice Muhammad Ali Mazhar heard the case, during which he made important observations expressing strong displeasure.
During the hearing, Justice Muhammad Ali Mazhar condemned the assault on the five-year-old child took place in a school.
He explicitly stated that no leniency can be shown toward such accused persons. During the hearing, the counsel for the accused presented his stance, stating that the police had also mentioned in their report that the assault was not proven, and it is not stated in the medical report either that the assault was proven.
Responding to this stance of the defense counsel, Justice Muhammad Ali Mazhar said that if the police have written about lack of evidence, it means that the trial court should now decide on it.
He further stated that whether the child was assaulted or not, the final review and determination of this matter will be made by the trial court alone.
The bail of the accused was dismissed by the Peshawar High Court Abbottabad Bench. After the post-arrest bail of the accused was dismissed, the matter reached the Supreme Court of Pakistan.
Background
According to the FIR registered on August 25, 2026, at Police Station Bignotar, District Abbottabad, Nausheen Khalid of Namli Mera reported to the police that her 5-year-old daughter, Minnat Noor, a nursery student at Habib Public School Namli Mera, went to school as usual on August 24, 2026.
In the evening, when she was changing the school uniform of the child, the child complained of pain. Upon checking, blood stains were found on the shalwar, and upon asking affectionately, the child stated that during school hours, a boy took her to the school bathroom and attempted to assault her.
No accused was nominated in the initial report, and the case was registered against unknown persons.
In this case, later on August 28, 2026, complainant Nausheen Khalid recorded her supplementary statement under Section 164 of the Criminal Procedure Code before Judicial Magistrate Abbottabad Naseemullah, wherein she stated the details of the incident and took the stance that Shahrukh Habib, the nephew of the school owner, took her daughter to the bathroom and committed Zina (assault) with her,
while school owner Abdullah Habib, son of Habib-ur-Rehman, was held responsible for criminal negligence.
Taking action, the police arrested both the accused, and after obtaining a 3-day physical remand from the magistrate’s court and the request for further remand being rejected, the accused were sent to the Judicial Lock-up District Jail Abbottabad on August 31, 2026.
Later, a post-arrest bail application was filed on behalf of the accused in the court of Judge Child Protection Court Abbottabad Syed Hamid Qasim. In its order dated September 10, 2026, the court approved the bail of co-accused Abdullah Habib against surety bonds of Rs. 100,000, while dismissing the bail application of accused Shahrukh Habib in view of the serious charges leveled against him, the MLC, and the recovery of blood from the shalwar.
Upon the rejection of bail by the sessions court, accused Shahrukh Habib filed a criminal miscellaneous petition in the Peshawar High Court Abbottabad Bench.
On September 23, 2026, learned judge Syed Mudassar Ameer dismissed the appeal after hearing the case. The Peshawar High Court held in its judgment that although there is a delay in the FIR and initially unknown persons are mentioned, nevertheless, sexual assault on a 5-year-old child is a grave and heinous societal crime.