Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has remarked, “Extending pardon in the name of Almighty Allah in murder cases has become a continuous custom which runs contrary to the teachings of Quranic teachings.”
He further remarked, “As to why court should not issue notice on the matter of going for reconciliation with shutting the eyes. This should not be made a routine matter at Supreme Court (SC) level. Pardoning in the name of Almighty Allah in a murder is “Fasad Fil Arz” and judges are also responsible for it. It is job of the court to prevent this”.
He remarked that we took suo motu notice of murder case in Faisalabad. The rival party kidnapped the child. The family reconciled to the matter under compulsion. Wrong deeds are being committed in the name of Islam and Quranic injunctions are being interpreted wrongly. Allah’s chastisement can come down upon it.
Justice Jawwad S Khawaja remarked, “The sentence can not stand revoked on the reconciliation struck in defiance of Quranic teachings. The mode and scope of the reconciliation should be determined. Pardoning in the name of Almighty be not made custom.”
A 3-member bench of SC headed by CJP gave these remarks while taking notice of pardoning in the name of Allah in murder cases here Friday.
The court said in its decision that transferring of land from joint account or to non adult children is not enough to go for reconciliation. The children can deviate from these matters after they become adult.
The court stressed upon correct implementation of Quranic teachings and injunctions in this connection.
Senior lawyer Shahid Hamid also appeared in the court and presented a joint reply. He said adopting Islamic teachings is mandatory.
The court asked Shahid Hamid to give formulation and, “We are issuing notices to prosecutor generals of all the four provinces. We will hear them as well. The references to the decisions given by the court so far be also given. We will fix this case for hearing on September, 23 for formulation only and its detailed hearing will be done on some other day.”
The court issued notices to federation and four provinces for legal and constitutional interpretation and sought reply.