new development in shahzeb murder case

7/27/2019 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

new development in shahzeb murder case

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