The State can still Try an Honor-Killing Offender for Fasad-fil-Arz, even if the Family Members Forgive him. SC


๐“๐ก๐ž ๐’๐ญ๐š๐ญ๐ž ๐œ๐š๐ง ๐ฌ๐ญ๐ข๐ฅ๐ฅ ๐“๐ซ๐ฒ ๐š๐ง ๐‡๐จ๐ง๐จ๐ซ-๐Š๐ข๐ฅ๐ฅ๐ข๐ง๐  ๐Ž๐Ÿ๐Ÿ๐ž๐ง๐๐ž๐ซ ๐Ÿ๐จ๐ซ ๐…๐š๐ฌ๐š๐-๐Ÿ๐ข๐ฅ-๐€๐ซ๐ณ, ๐ž๐ฏ๐ž๐ง ๐ข๐Ÿ ๐ญ๐ก๐ž ๐…๐š๐ฆ๐ข๐ฅ๐ฒ ๐Œ๐ž๐ฆ๐›๐ž๐ซ๐ฌ ๐…๐จ๐ซ๐ ๐ข๐ฏ๐ž ๐ก๐ข๐ฆ. ๐’๐‚

In a recent judgment of three-member bench, Justice Muhammad Ali Mazhar held that a woman is as much sui juris, a person who is capable of full legal capacity, as a man. She can make judgment and can do anything on her own what the law allows her to do without the consent of her family members . She can solemnise her Nikah with a person of her choice as a man can do without any requirement of consent of elders of the family members.

This judgment pertains to a pre-arrest bail application wherein the applicants, the father and uncle, were alleged to have committed honor killing of his daughter. The story in short is that the deceased girl solemnised her Nikah with the complainant/husband without the consent of her family members. This relationship did not settle well with the family. The Rukhsati had yet to take place but in the meantime she was killed by her father in connivance with other family members. The family members branded it as suicide but the husband filed an FIR. It transpired during the police investigation that it was not a suicide but an honor killing committed by her father and uncle.

The Court held that honor killing is a menace of our society. People kill their loved ones for maintaining their self-perceived esteem and honor. A woman who has reached the age of majority or who is sui juris can make decisions of her choice on her own without any requirement of consent from elders of the family.

The Court emphasised a crucial point here: what if the family members forgive the honor killing offenders and waive their right of Qisas. In such a scenario, the offenders will scot free and pardoning them will encourage them and others as well. They can do as many honor killings as they can afford. This situation will also encourge others who has propencity for honor killing. The Court held that to tackle this issue,ย  the State can still try the offender for Fasad-fil-Arzย under section 311 of the Pakistan Penal Code. The Court emphasised at this point that honor killing offenders should not scot free. Rather the State has power to try them for spreading Fasad-fil-Arz,ย even if they have been pardoned and a compromise has been reached among them. It is the duty of the State to deal with each case according to its circumstances. The State should create some deterrence for miscreants and offenders in the society.

The Court dismissed the pre-arrest bail application as the applicants failed to make out a case for bail.

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