ISLAMABAD: The Supreme Court of Pakistan has constituted a five-member larger bench for hearing the case regarding pardon in the name of Allah in murder cases, commenting that influential people get pardon in the name of Dayet (Qisas).
Three-member bench of apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Gulzar Ahmed heard the case on Thursday.
The Islamic law Qisas (literally, Qisas means ‘equal retaliation’) allows people to give monetary compensation instead of receiving punishment for their crime.
Qisas was an exception made to prevent disorder. Now, it is being used by the wealthy to avoid trial, Chief Justice Chaudhry added.
He said that a five-member larger bench will be constituted to hear this case as it is an important issue.
Islam has rulings (on these issues) but they are not implemented and this leads to an increase in crime,” Chief Justice Chaudhry added.
Meanwhile, Justice Jawwad S Khawaja remarked that in the past, witnesses have been bought; Islamic laws are being used to further people’s own agendas, adding that the heirs can forgive but state can enforce Pakistan Penal Code.
Chief Justice Iftikhar Muhammad Chaudhry remarked that Islam has given marvelous rules to avoid anarchy.
During the course of hearing the Attorney General, provincial advocate Generals and amicus curie Shahid Hamid showed their engagements in the court.
It is worth mentioning that a matter was settled in Mandi Bahauddin and court took the notice of the same and observed that the courts should not see the matters with close eyes. The court had summoned the view point from Attorney General, provincial AGs and court amicus curie Shahid Hamid.
The amicus curie Shahid Hamid said that the heirs have right to forgive the accused but the State has authority to award 10 to 15 years punishment.
Court observed that the legislation is the job of parliament and court would review its legal points.
Chief Justice said that the misuse of Islamic laws should not happen, adding that we should take benefit of the rues of Quran and Sunnah. We should stop misuse CJ added.
The crime is increasing due to non implementation on Islamic laws and the remedy of forgiveness was given to avoid anarchy on the earth but rich people get clean chit after paying the money.
The court has ruled that it would review all points and after hearing amicus curie and other stakeholders would issue verdict for guidance.
Later the court adjourned the hearing for ten days.
Whereas Attorney General Munir A Malik had sought the Supreme Court’s advice on the issue of waiver of Qisas and compound ability of offences.
In his written statement submitted in the apex court, AG had asked the court 18 relevant questions in the backdrop of Shahzeb murder case.
It asked: “Whether the Supreme Court ought to pronounce a comprehensive and authoritative judgment on the issue of waiver of Qisas and compound ability of offences, under the provisions of sections 309, 310, 338-E, PPC, 1860, and section 345, CrPc 1898, especially since there are a number of authoritative Supreme Court precedents on this issue, or whether the law on this issue should be allowed to develop on a case to case basis?”
Shahzeb Khan was killed over a petty dispute on December 25, 2012 by Shahrukh Jatoi and Nawab Siraj Talpur, Nawab Sajjad Talpur and Ghulam Murtaza Lashari.
On September 9, Shahzeb’s family forgave the culprits in the name of Allah without claiming the amount of Diyat or Qisas.
They prayed the court to acquit the four, clarifying that they had pardoned them without any pressure or coercion.