'In the name of God': CJ asks courts to be wary of pardons

Apex court to look into the pardon case; CJ wants to identify if law is being evaded.

A poster with the picture of Shahrukh Jatoi during a protest held against the killing of Shahzeb Khan. PHOTO: ATHAR KHAN/ THE EXPRESS TRIBUNE

ISLAMABAD:
The Supreme Court on Friday sought legal opinions on 'out of court' settlements of murder cases, particularly pardons that are done 'in the name of God'.

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.
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