new development in shahzeb murder case
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New Development in
Shahzeb MurderCase
CIP by:
Muhammad Kamran Khan
16th MCMC
NATIONAL INSTITUTE OF MANAGEMENT, KARACHI
Sponsor ADS: Lt Col (R) Ijaz Ahmad
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Sequence
Brief History of the Case
Qisas, Diyat and Fasad Fil Ardh in Islam
Misuse of Diyat in Pakistan
Supreme Courts Stand (Current Status)
Impact on Society
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Methodology
Mix of
Primary &
Secondary
Data
Interview withMr. Ubaidullah(Lawyer highCourt)
Help from Policeregarding casehistory
Print,electronic &Social Media
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Acronyms
P.P.C. Pakistan Penal Code 1860
SC Supreme Court
P.Cr.L.J. Pakistan Criminal Law Journal
F.I.R First Information Report
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Brief Background
Murdered on 25th December 2012
Main accused:
Shahrukh Jatoi
Nawab Siraj Talpur
Nawab Sajjad Talpur
Ghulam Murtaza Lashari
F.I.R under section 302 at Darakhshan police
station.
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Brief Background Contd
Accused escape & Surrendered
23 witnesses and two eye-witnesses had
recorded their statements during the trial.
Anti-terrorism court (ATC) in Karachi on June
7th 2013 sentenced:
Shahrukh Jatoi & Siraj Talpur (Death)
Sajjad Talpur and Ghulam Murtaza Lashari (Life
sentence)
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On 9th September 2013, Shahzebs Family
Pardoned the accused in the name of Allah.
Alleged 500 million & Australian visa in
Diyat
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Quranic concept of Diyyat & Qisas
Diya (plural: Diyat; Arabic: ( is financialcompensation paid to
the heirs of a victim.
In Arabic, the wordmeans both blood
money and ransom.
Qisas (or 'qesas')(Arabic: ( isan Islamicterm meaning "Equal
Retaliation," and
follows the principle
of an eye for an eye,
or lex talionis
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Qasas & Diyat in Quran
And We prescribed to them in it that
life is for life, and eye for eye, andnose for nose, and ear for ear, and
tooth for tooth, and (that there is)reprisal in wounds; but he whoforegoes it, it shall be an expiationfor him; and whoever did not judge
by what Allah revealed, those arethey that are the unjust.
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On that account: We ordained for
the Children of Israel that if any oneslew a person - unless it be for
murder or for spreading mischief inthe land - it would be as if he slew
the whole people
Fasad Fil-Ardh
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Compounding of Offences
Section 309 Waiver of Qisas in Qatl-e-amd
In the case of Qatl-e-amd an adult sane wali may, at
any time and without any compensation, waive his
right of Qisas. Provided that the right of Qisas shall not be waved:
a) Where the Government is the Wali.
b) Where the right of Qisas vests in a minor or
insane.
where a victim has more than one wali, any one of
them may waive his right of qisas
14Pakistan Penal Code 1860
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Compounding of Offences
Section 310 Compounding ofQisas (Sulh) in Qatl-e-amd
In the case of Qatl-e-amd, an adult sane
wali may, at any time on accepting badl-i-sulh, compound his right of Qisas:
Provided that a female shall not be
given in marriage or otherwise in badl-i-sulh.
Pakistan Penal Code 1860 15
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Some Famous Cases of Diyat
On January 27, 2011, Ramond Davis killed two
reportedly armed men in Lahore
Charges were dropped and Davis was released
after payment to the families of the two
people he had shot.
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Some Famous Cases of Diyat (Contd..)
In PLD 1992 Pesh 187, one Ishtiaq murdered his sisterin cold blood to obtain her real estate property. Thecompromise between him, his parents and siblings wasaccepted and he went free.
In 1993 PCrLJ 1795, one Hanifmurdered his wifessister since he thought that she was going to marry aman he wished his sister to marry. Hanif went scot-freeafter his wife and her parents forgave him. Husbands
guilty of murdering their wives are let go since thecourt views that minors would be deprived of having afather.
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Some Famous Cases of Diyat (Contd..)
In PLJ 1997 CrC 1122, an absconder waspardoned in absentia. In 2000 PCrLJ 116, oneIjaz Ahmed who had murdered his sister for
failing to iron his clothes by shooting hermultiple times, was sentenced to 14 years bythe trial court under fasad fil arz. The HighCourt acquitted him at the appeals stage since
compromise had been struck between theoffender and the legal heirs (his own familymembers).
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Way to Compromise in Pakistan
The present rationale of the Pakistani qisas anddiyat laws effectively translates into thegovernment abdicating its responsibility to punish
murderers in result an increasing number of people(are) getting away with murder
Compromises are often produced by:
abducting and harassing family members,
using coercion, and even girls are exchanged in badl-i-sulh (mutually
agreed compensation) as nothing but objects owned bypeople.
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A justice system biased towards the elite
cannot work.
Diyat in the form of a razinama is elitist as it allows
a financially well off person to get away with
murder (provided the wali agrees). It is an
injustice that rich people have the unfair andunjust advantage of offering a large amount of
money to financially poor heirs as it allows the
former to entice the latter with money.
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Qisas being used by the wealthy to
avoid trial: CJ
Qisas was an exception made to prevent
disorder. Now, it is being used by the wealthy
to avoid trial. Chief Justice Chaudhry
Islamic laws are being used to further
peoples own agendas. Justice Jawad S Khawaja
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Pardoning in the name of
Almighty Allah for a murder isFasad Fil Arz and it is the job
of the court to prevent this..
Chief Justice Chaudhry
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Attorney General of Pakistan Munir A
Maliks Riddle Regarding Compoundability
Whether the Supreme Court ought topronounce a comprehensive and authoritativejudgment on the issue of waiver of Qisas and
compoundability of offences, under theprovisions of sections 309, 310, 338-E, PPC, 1860,and section 345, CrPc 1898, especially since thereare a number of authoritative Supreme Court
precedents on this issue, or whether the law onthis issue should be allowed to develop on a caseto case basis?
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A five member larger bench will be
constituted to hear this case as it is an
important issue
The Supreme Court (SC) has delayed hearing
the case regarding forgiving someone in the
name of Allah by 10 days
http://tribune.com.pk/ dated October 3, 201324
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Impact on Society
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Impact on Society Contd..
Twitter Storm
@SMTanishTariq: Worth of a life in Pakistan: 500million rupees and visas for Australia. #Sad
#Justice4Shahzeb @shahinaaziz: Moral Of The Story I am A Rich
Guy So I Can Kill Anyone Of You .. And I ll Be AFree Man #Justice4Shahzeb
@Ri_say: Shahrukh Jatoi is forgiven by Shahzebparents. Forgiveness is nearer to TAQWA. But his#diyat can't save him on the day of judgment.
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Conclusion
And if they fail to judge by (the light of) what
Allah Hath revealed, they are (No better than)
wrongdoers.
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Thanks