In 2013, a gang rape case occurred in Bahawalnagar, Pakistan. One of the accused, Abid Malhi, managed to evade conviction and remained free. Seven years later, that failure of justice would have devastating consequences.
In September 2020, a Pakistani-French woman was traveling from Lahore to Gujranwala with her children. She chose to travel via the Lahore-Sialkot Motorway. Near the Gujjarpura area, her vehicle ran out of fuel during the night.
The woman immediately called the Motorway Police helpline (130) seeking assistance. However, she was informed that the location fell under the jurisdiction of the Punjab Police. She was advised to contact a relative for help. While waiting for assistance to arrive, two armed criminals approached her vehicle.
The attackers smashed the car windows, robbed her of cash, jewelry, ATM cards, and other valuables, and then forcibly dragged her and her children out of the vehicle. The assailants took the woman into nearby fields, where they brutally gang-raped her before fleeing the scene.
When the incident was reported, it quickly became a national issue. Public outrage intensified after the then Capital City Police Officer (CCPO) of Lahore, Umar Sheikh, made controversial remarks during a press conference. Instead of focusing on the perpetrators, he questioned why the victim was traveling alone at night and why she was not accompanied by a male relative.
His comments were widely condemned for victim-blaming a survivor of a horrific crime. Citizens, activists, journalists, and civil society organizations strongly criticized the police response, leading to immense public pressure on the government.
As a result, a Joint Investigation Team (JIT) was formed to investigate the case. Within five days, on September 14, 2020, one of the accused, Shafqat Baghga, was arrested. During interrogation, he revealed that his accomplice was Abid Malhiāthe same individual who had escaped accountability in the 2013 gang rape case.
Abid Malhi remained on the run for several weeks before being arrested on October 12, 2020. Both suspects were sent for identification parades, where the victim successfully identified them as the perpetrators.
The case was prosecuted under anti-terrorism laws, and the trial proceeded before an Anti-Terrorism Court (ATC). The prosecution presented overwhelming evidence, including:
- Positive DNA matches linking both accused to the crime.
- Forensic reports from the Punjab Forensic Science Agency (PFSA).
- Eyewitness testimony.
- Statements from the victim and her children.
- Identification parade evidence.
- Testimony from more than fifty witnesses.
To protect the privacy and dignity of the victim and her children, the proceedings were conducted through an in-camera jail trial. This ensured that their identities remained confidential and prevented media exposure.
The Anti-Terrorism Court ultimately convicted both accused and sentenced them to death. In addition to the death penalty, the court awarded life imprisonment on other charges and ordered the confiscation of their movable and immovable properties.
The convicts appealed the judgment, but the High Court upheld the death sentences, affirming the findings of the trial court.
A Turning Point in Pakistan’s Legal Framework
The motorway rape case became a catalyst for significant legal and institutional reforms in Pakistan.
Following the incident, the government introduced the Anti-Rape Ordinance 2020, which was later replaced by the Anti-Rape (Investigation and Trial) Act 2021. These reforms brought several important changes:
Specialized Investigation Units
Special Sexual Offences Investigation Units (SSOIUs) were established to handle rape and sexual violence cases more professionally and efficiently.
Expedited Trials
The law aimed to ensure that rape cases would be investigated and decided within a limited timeframe, reducing delays in the justice system.
Gender-Based Support Systems
Dedicated gender cells and victim-support mechanisms were introduced to provide sensitive handling of survivors.
Protection of Victims
The law strengthened provisions for in-camera trials, confidentiality of victims, and protection from unnecessary public exposure.
Immediate Medical Examination Procedures
New procedures were introduced to ensure that victims receive prompt medical examinations and evidence collection, preventing delays that could compromise investigations.
Improved Investigation Standards
Separate legal frameworks and guidelines were developed for investigating sexual offences, emphasizing scientific and forensic evidence.
Enhanced Motorway Security
The incident also prompted a significant increase in motorway policing. More patrol vehicles were deployed, patrol frequency was increased, and emergency response mechanisms were strengthened. Today, motorists traveling on Pakistan’s motorways frequently encounter motorway police patrol units, and emergency response times have improved considerably.
Lessons from the Case
The 2020 motorway rape case remains one of Pakistan’s most significant criminal cases, not only because of its brutality but because it exposed serious shortcomings in law enforcement and victim protection.
Many observers believe that had the accused been effectively prosecuted in the 2013 case, the 2020 tragedy might never have occurred. The case demonstrated the importance of accountability, professional investigations, and a justice system capable of protecting vulnerable citizens.
Most importantly, it highlighted the power of public awareness and social media. The widespread public reaction compelled authorities to act swiftly and implement reforms that continue to influence Pakistan’s criminal justice system today.
