Peshawar: PHC directs ATCs to invoke more sections against murder accused
PESHAWAR: The Peshawar High Court (PHC) on Friday directed all the anti-terrorism courts across the province to try the persons accused of murder both under Section 7 of ATA and 302 of Pakistan Penal Code (PPC).
It would be more advisable on part of the trial court rather imperative that while framing the formal charge against an accused person, charged with offence under Section 7 of ATA or other related provisions of the act, he shall also be charged for the offence under section 302 PPC in case of murder, under section 324 PPC in case of attempted murder and under other relevant provisions relating to hurts, Qisas and Diyat, Arsh and Daman, said a division bench of the high court headed by Justice Dost Muhammad Khan in a detailed a detailed judgment.
The bench passed the judgment in a case of Muhammad Nasir against Farooq and others. The anti-terrorism court had awarded punishment to the accused persons only under Section 365-A in a murder case.
The bench set aside the decision of the court and remanded to the trial court for fresh trial against the accused persons under section 7 of ATA, sections 365 A and 302 of PPC.
The judgment stated that such procedure, when is adopted would reconcile the two provisions in an effective manner rather the omission from Section 7 ATA would be made good and supplied because both the penal provisions, i.e. Section 7 ATA and Section 302 PPC are cognate offences, the judgement said, adding that same would be the true legal position with regard to offences under Section 324 PPC and other penal provisions pertaining to hurts, Diyat, Arsh and Daman.
The judgment stated: As punishment, by way of Qisas, is the most harsh punishment, therefore, it is mandatory for the trial court to charge the accused under both the provisions of the special law and that of the PPC and because offences of Qatl-e-Amd , attempt to commit Qatl-e-Amd and hurts have been made compoundable, therefore, compounding of such offence, by the legal heirs of the deceased or the victims, would definitely exonerate the accused/convict from that charge/charges denying this right of compounding of such offences, would clearly offend against the mandatory provision of Section 345 PPC and the schedule (amend) annexed to the Criminal Procedure Code where under such offences have been made compoundable, the constitutional command apart.
It said another vital aspect of the case is that in case the accused is also charged with offence of Qatl-e-Amd , attempt to commit Qatl-e-Amd or hurt of any kind, the legal heirs of the deceased and or the victims, being the aggrieved party do posses a primary status in that case, while the state is relegated to the secondary position and when the command contained in Article 227 of the Constitution is very clear on the point then, it becomes imperative for the trial courts/Presiding Officers of the Anti-Terrorism Courts that while framing the formal charge, the accused besides, charged for offence under Section 7 Anti-Terrorism Act, shall also be charged for the offences under the Pakistan Penal Code, famously known the Qisas & Diyat laws, however, he shall in no eventuality be punished twice for the same offence but combined one punishment be awarded and preferably under Section 302/324/etc PPC read with Section 7 Anti-Terrorism Act.
The judgment said under Article 227 of the Constitution, all the existing laws shall be brought in conformity with injunctions of Islam as laid down in the holy Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions. It said the trial courts should not undermine the Qisas and Diyat laws.
The original article can be found at The News.