A poster with the picture of Shahrukh Jatoi during a protest held against the killing of Shahzeb Khan. PHOTO: ATHAR KHAN/ THE EXPRESS TRIBUNE
Referring to the much-talked about murder case of Shahzeb Khan which saw the parents of the victim pardoning the convicts in the name of God, Chief Justice Iftikhar Muhammad Chaudhry said:
"We should not close our eyes over such compromises and identify if the law is being evaded."
Shahrukh Jatoi, Nawab Siraj Talpur, Nawab Sajjad Talpur and Ghulam Murtaza Lashari had earlier been handed down the death sentence and life imprisonment for the murder of Shahzeb Khan. Parents of Shahzeb, however filed an application in a court, pardoning the murderer in the name of God on September 9.
The Chief Justice said that it was the responsibility of the courts to not trust such compromises and to look at them critically.
Asserting that Shahzeb's family pardoned the convicts under Diyat and Qisas law, he said that prima-facie of the case was over but the issue was still alive.
“All eyes were on this high profile case and its sudden conclusion raised eyebrows," the Chief justice said.
After deciding to look into the pardon case, the apex court issued notices to Attorney General and all the four provincial prosecutor generals.
"Cases are pardoned in the name of God and it should be identified if the pardon is against law or in the interest of the overall society," the Chief Justice remarked.
He said that people were released after such pardons and it was the responsibility of the courts to look into it, particularly where cases involved violence and used the name of God.
“Pardoning in the name of Allah is a good thing, but this is being misused," said Justice Jawad S Khawaja.
COMMENTS (19)
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As I understand the concept of 'QASAS' or pardon for murderer by the family of victim in Islamic law is that pardon must be with free will, non-coerced ,without any kind of threat and most importantly IT SHOULD SERVE THE PURPOSE OF PEACE AND BETTERMENT OF SOCIETY in case family feels that not demanding qasas will lead to a better society.That somehow ,the murder was done by mistake and the perpetrator is shows signs that he is a person who shows willingness to reform himself.Thats a very difficult situation to make judgement and family should realize that letting go a killer frre will have consequences. But as I have seen footage of those murderers raising slogans of victory and shameless on what they have done,they have no regrets.Not feeling guilt or empathy on a human suffering is a sign of SOCIOPATHS and no pardon should be given to them.They are animals and they dont belong in civilized society.So I think court should consider capital punishment in this matter or they will kill again if freed.No doubt about it!
The CJ Iftikhar Muhammad Chaudhry has a personal interest in Shah Zeb case,as he took suo moto notice of the case and also included terrorism act in a pure murder case between two individuals. Justice is not what the CJ,media or people want,it is what the law dictates.The CJ and the judges who heard the case of suo moto should not hear the case,nor shoud comment on it.Let the law takes it own course.Do not make the law and justice a matter of whims and personal choice.Otherwise,the present unprecedented lawlessness will increase manifold and everyone will take law/ justice in his own hand.
The state law should withheld its decision of death sentence as it is done in this world.
What does CJ think about the demand of Taliban to release 5000 terrorists including the ones on death-row.
Kudos to the Chief Justice of Pakistan, Diyat and Qisas and Blasphemy laws should be repealed, innocents are dragged to the jail while the rich convicts get away with murder. It is a shameful affairs in the Muslim world specially in Pakistan. In civilized countries it is the State which prosecute the suspects, any crime committed by any one is considered crime against the State.
There need to be legislation on this issue, I mean pardoning in the name of God and things like these. Unless victim's family pardons them without any obvious pressure and threats, the criminals should not be spared and let go away with the crime charges. Even Islamic law doesn't approve of such thing in this scenario. It will only strengthen the criminals and weaken our faith in the judicial system of the country.
Pardon is only for if it was an "Accident" NOT when the murderer called out his name out loud "I am Sharukh Jatoi S/O Sikander Jatoi" and kill an innocent kid!!!
Not only must Justice be done; it must also be seen to be done.
My earlier comment, last line --- Please read prevent, in place of present
I agree, blood money clause should be abolished. Our society is TOO corrupt to be trusted with such a law. It is being misused and abused.
i Hope it ends in Justice and Lesson to all those " who think can get the escape either with money or in the name of religion which they don't even practice" Pardon would have been fine, if he was ever Guilty... the smiling face, evil looks, victory sign, confidence that he would be free ........he deserve the Punishment...........
A murder is a crime against the state as well and as such it is not just the parents prerogative to forgive the protagonist. The state should be a party to such cases. If the blood money law is not used as intended then it should be abolished altogether.
A slap on the face of those who call him cheap justice!!!!!
Somebody should submit an application in the court as this is the act of terror. It will terrorize each and every person who tries to save his sister from such morons.
Considering earlier statements by Shahzaib's father and other family members, and also father's latest statement, it becomes quite obvious that the pardon was obtained through threats and pressure from many sources. Also, the convicted murderer kept flashing victory signs all along which shows very clearly that he never ever felt even the slightest of remorse for his despicable act.
In these circumstances, freeing the culprits would be a a great travesty of justice and a mockery of the judicial system. Moreover, it will also establish a tradition that moneyed people can do whatever they like, with complete impunity. I don't think many people would like this additional tradition to be established in our already over-polluted cultural setup.
It is good the courts have taken up this issue. I hope they stick with it and present this grave injustice from occurring.
Karachi
First good decision i have even seen from CJ...
and he is back!!!! independent judiciary is the only way forward for a better pakistan
Somebody it seems will lose a lot of money................................... Let justice be done.