Man kills daughter for 'honour' in Lahore, goes scot-free after pardoning self

Published: October 18, 2016
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I am not ashamed of what I have done, says accused. STOCK PHOTO

I am not ashamed of what I have done, says accused. STOCK PHOTO

LAHORE: Taking advantage of lacunae in laws, a man, who had killed his daughter to ‘save family honour’, was acquitted by a court recently after he pardoned himself and his accomplices — a son and a nephew.

Interestingly, the Anti-Honour Killing Laws (Criminal Amendment Bill) 2015 – which was recently passed by parliament – stipulates strict punishment for an honour crime convict even if a family member pardons him.

Charred remains of three women recovered

According to the new law, judges are supposed to sentence an honour crime convict to life in prison, whether the victim’s immediate family pardons him/her or not.

However, critics say that the law still considers honour crime as a compoundable offence, where the complainant enters into a compromise and agrees to have the charges dropped against the accused.

While recording his statement in the court of Additional District and Sessions Judge Nadia Ikram Malik, the accused, Faqeer Muhammad, not only pardoned himself, but also his son and nephew who were his accomplices in the case.

The accused said in his statement: “The deceased, Kiran Bibi, was my real daughter. She was unmarried at the time of her murder. There are no other legal heirs of the deceased except her mother, Bushra Bibi, and me.

Woman, daughter killed for honour in Quetta

“I have forgiven the accused persons in the name of Almighty Allah, and have no objection to their acquittal. I also waive my right of Qisas (retribution) and Diyat (blood money).”

Faqeer Muhammad had shot dead his daughter and her alleged lover, Ghulam Abbas, ‘to save family honour’ in 2014. His son, Muhammad Illyas, and nephew, Muhammad Tahir, were also accused of abetting the double murders.

Abbas’ mother Azmat Bibi named the three accused in the FIR she had registered under Section 302. Later, the complainant moved an application, requesting that the court make the offence (the murder of her son) compoundable under Section 345 of CrPC.

The court allowed the application after which Azmat Bibi and her second son, Waqas Ali pardoned the accused, pleading that they had no objection to their acquittal, and also waived their right of Qisas and Diyat.

British woman raped before being killed for ‘honour’ in Pakistan

After the complainant cleared them, Faqeer and Bushra recorded their statements as legal heirs of the deceased girl, and forgave the accused. Following the development, an acquittal application was moved in the court under Section 265-K of the CrPC.

On the other hand, the prosecution had opposed the application, contending that it has ‘solid’ evidence against the accused. It therefore, pleaded the court that after dismissal of the application under Section 265-K, remaining prosecution evidence should be summoned.

On this the judge observed that the charge has become ‘groundless’ and “there is no chance of conviction at all, so the accused persons are acquitted”.

While commenting on the acquittal, lawyers said it contravenes Section 317 of the PPC, adding no accused standing in the dock can forgive him/herself.

Advocate Muhammad Qasim said: “It is astonishing that an accused is forgiving himself for murder charges. It is nothing but a joke with law.” Advocate Aftab Bajwa said it is an irregularity committed by the judge.

Active lawyer Muhammad Azhar Siddique says new honour killing laws would not have retrospective effects; therefore, the offence is compoundable and a compromise can be entered.

Published in The Express Tribune, October 18th, 2016.

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Reader Comments (7)

  • Khalid Khan
    Oct 18, 2016 - 9:10AM

    Dark Age has descended on Pakistan, and every passing day seems to make it even worse. It is an extreme mockery of justice, but the Elites have no Fursat from looting this country. Solving problems of the country just is not on their RADAR at all. Recommend

  • Ch. K. A. Nye
    Oct 18, 2016 - 9:41AM

    What a travesty of justice compounded by an obviously biased “judge”. Where are the suo moto notices now?Recommend

  • MEMON
    Oct 18, 2016 - 9:46AM

    these laws are the reason rebels are born!Recommend

  • Pakistan Zindabad
    Oct 18, 2016 - 12:53PM

    First these parents provide their children an open environment without any check and Balance and without teaching of any ethics. Then when children start taking steps on their own, they become resistant. This should be stopped first.Recommend

  • Parvez
    Oct 18, 2016 - 2:21PM

    Our Laws and their non-implementation have become a joke. Recommend

  • Haji Atiya
    Oct 18, 2016 - 2:48PM

    @Pakistan Zindabad:
    What needs to be stopped is these people thinking they can just trade in their ‘Get out of Jail free’ card anytime they engage in deeds like these !Recommend

  • MK
    Oct 19, 2016 - 8:03AM

    No kidding, for the judge this would have been a small routine case max couple of lakhs so he got it done with quickly. Recommend

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