Fozia Bibi vs. Malik Muhammad Kashif.

Background and Family Fozia Bibi, wife of Mushtaq Masih, is a resident of Kotha Pind Stop, Kot Lakhpat Road, Lahore. The couple has five children: Faryad (13), Sawera (11), Mehra (3), and Indaryas (6 months). For the past five years, both Fozia and Mushtaq were employed at Brick Kiln No. 35, located on the intersection of Ferozpur and Suy Asil Road in Raiwind, Lahore. The Incident On April 12, 2025, after completing their day’s labor, Mushtaq Masih approached the kiln owner, Malik Muhammad Kashif, to request their earned wages and a small advance. He explained the funds were needed for groceries and clothing for the children to celebrate "Resurrection Day" (Easter).

In response, Malik Kashif began verbally abusing Mushtaq. When Mushtaq protested the mistreatment, Kashif escalated to physical violence. Hearing of the assault, Fozia Bibi rushed to the office to intervene. There, Kashif and his brothers joined in the assault, beating both Fozia and her husband. During the struggle, they tore Fozia’s clothes, publicly humiliating her. Systemic Obstruction and Retaliation Fozia initially sought justice at the local police station, but her application was ignored due to the owner’s influence with local officials. Upon learning of her attempt to report him, Malik Kashif filed a retaliatory application against Mushtaq Masih, falsely accusing him of stealing equipment. Fearing for their safety as the police began entertaining the owner's false claims, the family fled.

Lacking financial resources, the family remained helpless until Fozia connected with CLAAS (Centre for Legal Aid, Assistance and Settlement), who provided the legal support and courage needed to pursue the case.

Legal Proceedings and CLAAS Intervention The CLAAS legal team initiated several actions:

1. Medical Examination: A petition was filed in the Judicial Magistrate's court for Fozia's medical assessment.

2. Harassment Petition: A petition was filed in the District and Sessions Court. Citing Article 4 of the Constitution of Pakistan, the court protected the couple’s inalienable right to law and ordered the S.H.O. of Raiwind City and Sub-Inspector Rizwan to cease any illegal harassment at the behest of the accused.

3. Registration of FIR: Despite a court order to record Fozia’s version and register a criminal case, the S.H.O. of Raiwind City initially refused to comply. It took a subsequent "petition for compliance" and a strict court summons for the S.H.O. to finally register FIR No. 4409/2025 under Section 354 of the Pakistan Penal Code (PPC) against Khalid Iqbal, Muhammad Kashif, Nasir Iqbal, and several unidentified accomplices.

Current Status : The accused successfully registered a retaliatory case (FIR No. 3796/2025) under Section 408 PPC against Mushtaq Masih, leading to his arrest and imprisonment. CLAAS

lawyers successfully secured his post-arrest bail. Meanwhile, the three primary accused individuals have been granted pre-arrest bail by the District and Sessions Judge.

CLAAS has further expanded the legal battle to the Punjab Labor Court, seeking:

• The recovery of the family’s household belongings left at the kiln quarters.

• The recovery of unpaid wages.

Evidence shows the owner paid the couple only Rs. 1,000 per thousand bricks—significantly below the government-mandated rate of Rs. 2,738. These labor petitions remain pending.