Pardoning killer in Allah’s name is ‘Fasad Fil Arz’: CJ

[smstahir]

ISLAMABAD: The Chief Justice of Pakistan (CJ), Iftikhar Muhammad Chaudhry, on Friday observed that pardoning killers in the name of Allah in murder cases had become a continuous custom that ran contrary to the teachings of the holy Quran.

Justice Chaudhry’s remarks came days after the family of Shahzeb Khan, who was murdered in cold blood by a business tycoon’s son and his three accomplices, approached the Sindh High Court (SHC) seeking acquittal of convicts after pardoning them “in the name of Allah”.

“As to why the court shouldn’t issue a notice on the matter of going for reconciliation by shutting eyes. This should not be made a routine matter at the Supreme Court (SC) level. Pardoning in the name of Almighty Allah in a murder is Fasad Fil Arz and judges are also responsible for it. It is the job of the court to prevent this,” remarked Justice Chaudhry while heading a three-member bench that took notice of pardoning in the name of Allah in murder cases.

“We took suo moto notice of a murder case in Faisalabad. The rival party kidnapped the child. The family reconciled to the matter under compulsion. Wrong deeds are being committed in the name of Islam and Quranic injunctions are being interpreted wrongly. Allah’s chastisement can come down upon it,” said the chief justice.

Justice Jawwad S. Khawaja remarked: “The sentence cannot be revoked on the reconciliation struck in defiance of Quranic teachings. The mode and scope of reconciliation should be determined. Pardoning in the name of Almighty be not made a custom.”

The court said in its decision that transfer of land from joint account or to non-adult children was not enough to go for reconciliation. “Children can deviate from these matters after they become adult.” The court stressed correct implementation of Quranic teachings and injunctions in this connection.

Senior lawyer Shahid Hamid also appeared in the court and presented a joint reply. He said adopting the Islamic teachings was mandatory.The court asked Shahid Hamid to give formulation and stated ‘we are issuing notices to prosecutor generals of all the four provinces. We will hear them as well. The references to the decisions given by the court so far be also given. We will fix this case for hearing on September, 23 for formulation only and its detailed hearing will be done on some other day.” The court issued notices to the Federation and the four provinces for legal and constitutional interpretation and sought a reply.

 

[arushbhai]

Shahrukh jatai also committed a crime against the state, he has killed a fellow citizen which is punishable by death. He should be hanged, not only that, Shahzaibs parents should be forced to pay the state all the money that the state spent on investigation, traveling, etc.

 

[Kompromat]

As much i believe in forgiveness, the same i believe in revenge.

 

[Leader]

As much i believe in forgiveness, the same i believe in revenge.

justice....

 

[Kompromat]

justice....

Not in a country where every single terrorist is set free. If someone threatens me, or my family, i'll put a 7.62mm copper through his head. This is wild west where justice doesn't exist.

 

[pak-marine]

What shahruk jatoi and his follies did was not an error by accident it was a cold blooded murder .. the grieving party should only have the right to waive off capital punishment and thats all .. With this logic any rich and powerfull one can commit murder(s) and the state cannot have any control over the punishment.

 

[Leader]

What shahruk jatoi and his follies did was not an error by accident it was a cold blooded murder .. the grieving party should only have the right to waive off capital punishment and thats all .. With this logic any rich and powerfull one can commit murder(s) and the state cannot have any control over the punishment.

you made a good point, but I still would like to see an example made out of this case by hanging shahrukh jatoi.

 

[pak-marine]

you made a good point, but I still would like to see an example made out of this case by hanging shahrukh jatoi.

i think millions of Pakistanis are waiting to hear that the killers are killed by the state. Such cases make you realize what happens or happened to thousands of other murders committed. Shahzaib parents were well connected and high profile they ran a campaign and took 150K people on the streets of karachi and a huge social media campaign to get the state to take action and do some thing , fck man If this is the justice they get than may Allah help us no wonder why people take their own justice and pick up arms

 

[graphican]

Forgiving in the name of Allah can only be invoked in which death was result of an accident or was unintended. Other deaths cannot be pardoned as this is not just a matter of "deal" which takes places between two parties but it is a Crime against State, against Humanity and then comes the affected family. Even if family forgives, offense against Humanity and State are still there and not forgiven.

 

[AZADPAKISTAN2009]

We need to remove this "Pardoning Law" another of these Islamic laws that has become outdated , its stated that Islamic laws can be changed which govern society , and if society abuses them the educated / scholars should debate the law and then rewrite laws.

This law is being constantly abused

1 -Shahruk Jatoi committed a murder
2- Failed to report in Police station (6 months sentence - 1 Year)
3- Failed to respect Courts orders not to leave the location of crime (2 Years)
4- Tried to escpe cature by Police fled to Dubai (5 Years for contempt of court)
5- Fired Gun loaded gun (perhaps un licensed) in public place (1 Year)


Should get 10 Years easily behind bars , on top of the cime of murder which is life sentence

The court should file 10 years sentence for contempt of Law of Pakistan


If killing was by accident , car accident , and true accident sure its understandable
but killing by intent to kill is unpardonable

 

[Rain]

This is epic case:
Because this case has shown that when you implement Islamic Laws and customs without detail analysis of the society, things like that are bound to happen again and again. Islamic laws are meant for the a society which is Pios, honest and enjoys equality and state protection. Shahrukh jatoi, Raymend Devis and many others are classic examples that our society is not yet ready for Islamic laws. Moreover recently, in an interview, JI chief reportedly said 'if a rape victims donot have 4 pious witness, they should keep quiet'( I my self did not watched that interview).
Which such mindset ofreligious scholars and corrupt and ineeficient govts functionaries.... We don't want Islamic laws.

 

[livingdead]

As much i believe in forgiveness, the same i believe in revenge.

Not in a country where every single terrorist is set free. If someone threatens me, or my family, i'll put a 7.62mm copper through his head. This is wild west where justice doesn't exist.

its not what you should do (an interested party in conflict ) but what society (represented by your govt) should do.
both pardon or revenge sound quite personal to me.

 

[surya kiran]

Not in a country where every single terrorist is set free. If someone threatens me, or my family, i'll put a 7.62mm copper through his head. This is wild west where justice doesn't exist.

Well when taliban become good taliban then bad taliban and then good taliban and God knows how many more times changed, what more can you expect? Terrorist in Pakistani terminology is a function of time. Policies have long term effects.

The only way forward is you condemn every act and wipe them out. The only 'goonda' allowed is the State. But, then it requires lots of dirty cleaning. Not expected.

 

[neehar]

well said justice..he deserves an applause

 

[Thorough Pro]

As far as I believe, the pardoning should only be an option in accidental deaths, where the killer had no intentions of actually killing or harming the deceased, like in traffic accident or any other unintentional accident.

Intentional and will full murders should not be pardoned ( as the mighty can use ways and means to pressurize/threaten the family for pardoning). In such cases even if the victims family pardons, state/courts must ensure that the killers are served justice, like Quran says ear for an ear, nose for a nose and life for a life.

I am also in favour of public executions by way of sword instead of hidden hangings. one purpose of punishment is to serve justice and the other equally important is to use that punishment as a deterrence/reminder to all to behave like a human and make the society peaceful.

As much i believe in forgiveness, the same i believe in revenge.