Voice of dissent: Jirga’s decision of acquitting murderers condemned

They accused their uncle of illicit relations then killed him

LANDIKOTAL: The Human Rights Commission of Pakistan (HRCP) has condemned an assistant political agent’s decision in Khyber Agency to acquit two men who confessed to killing their maternal uncle and their sister-in-law allegedly in the name of honour. The decision to acquit was based upon a jirga’s verdict.

“HRCP is astounded by a decision of the assistant political agent of Landikotal, Khyber Agency, of acquitting two brothers charged with murdering their sister-in-law and their maternal uncle in November 2015 and later claiming that the victims had ‘illicit relations’,” HRCP Chairperson Zohra Yusuf was quoted as saying in a statement issued on Wednesday. “The two brothers were arrested. In their recorded statements, both had confessed to committing the murders.”

Officials and tribespeople in Landikotal told the media two brothers, Fakhar Alam and Nasim, were under heavy debt of their maternal uncle Khair Mohammad in Sadokhel area. The uncle was said to be demanding the brothers to pay back his loan. However, the elder brother of Fakhar Alam and Nasim, Said Alam, was reluctant to help them.

Therefore, Fakhar Alam and Nasim shot dead their uncle, Khair Mohammad, and also the wife of Said Alam, saying the two had illicit relations.

Jirga’s decision

“A five-member jirga was appointed which concluded that the accused should be asked to take an oath on the Holy Quran that in killing their sister-in-law and their maternal uncle ‘they had done nothing wrong (with malafide intention)’,” the HRCP statement read. “The jirga stated if the accused took the oath the murders stood ‘justified’ as per the [customs] and should be acquitted.”

The statement read that after the accused were found innocent, the assistant political agent wrote in his order that he agreed with a majority of the jirga members’ verdict.

The jirga’s verdict was read over to the parties, the plaintiff, Said Alam, and the defendant.

The defendant party was found ready to take the oath prescribed by the jirga members.

However, the plaintiff refused to get oath from the defendant party and the accused were held innocent and released on bail forthwith.

Published in The Express Tribune, June 23^rd, 2016.