Police have released a 9-year-old child who was detained for the alleged murder of his aunt in Sargodha --for contracting a marriage out of her own free will --at the behest of his family members.
Journalist Mubashir Zaidi said the child was handed back to parents as being under 10 years old there were no provisions of law that could be applied to him.
However, social media commentators say that the parents of the child could be tried for abetting the murder.
"Although the Doli Incapax [incapable of evil] doctrine is recognized as a general exception in PPC yet there are sections related to Criminal conspiracy, abetment, common intention and common object in law. Efficient investigation especially with regard to circumstantial evidence may lead to a breakthrough," wrote a social media user to the decision.
Another wrote that the 'parents or whoever trained him to murder can be charged with conspiracy to murder'.
One Niaz Murtaza wrote that the'state should take over the custody of the boy from family as and put him through the remedial process. but the family members should be charged for plotting murder and endangering child'.
Another 'honour' killing:
In another case of ‘honour’ killing, a nine-year-old boy shot dead her aunt who married out of her own free will in Sargodha.
“Can’t get worse than this……Nine years old kid shot and killed aunt for marrying of her own choice in Sargodha. Was trained by family members for one year how to kill her aunt,” journalist Mubashir Zaidi wrote on Twitter. The journalists said the kid was trained by ‘family members for one year how to kill her aunt’.
In a landmark judgement concerning ‘honour killing’ cases, the Supreme Court has said that the word ‘ghairat’ must not be used to describe killings in the name of ‘honour’ as murder is ‘never honourbale and it should not be described as such’.
In a verdict authored by SC Justice Qazi Faez Isa, the top court said: “It will help deter such killings if the term ghairat is not used to describe them.”
In a report published by Express Tribune, the court said that by using the term ghairat, the murdered hopes to provide legitimacy to his actions, but there is no ‘honour’ in such killings.
“It may also elevate the murderer’s social status with those not familiar with what Almighty Allah Commands in the Holy Qur’an. This is unfortunate, more so because there is no honour in such killings,” said the SC judge.
The judgement also questioned the translation of the word ghairat as ‘honour’. According to the judge, the word ghairat does not have an English equivalent, saying a more appropriate translation of ghairat would be ‘arrogance’ and the one with such trait is an ‘arrogant’ person.
Journalist Mubashir Zaidi said the child was handed back to parents as being under 10 years old there were no provisions of law that could be applied to him.
Police has handed over the boy to the parents as no law applies on a child less than 10 years of age https://t.co/o8759PlhUk
— Mubashir Zaidi (@Xadeejournalist) September 22, 2020
However, social media commentators say that the parents of the child could be tried for abetting the murder.
"Although the Doli Incapax [incapable of evil] doctrine is recognized as a general exception in PPC yet there are sections related to Criminal conspiracy, abetment, common intention and common object in law. Efficient investigation especially with regard to circumstantial evidence may lead to a breakthrough," wrote a social media user to the decision.
Although Doli Incapax doctrine is recognized as general exception in PPC yet there are sections related to Criminal conspiracy, abetment, common intention and common object in law. Efficient investigation specially with regard to circumstantial evidences may lead to breakthtough.
— Egalitarian Legally (@SamadNoon) September 22, 2020
Another wrote that the 'parents or whoever trained him to murder can be charged with conspiracy to murder'.
One Niaz Murtaza wrote that the'state should take over the custody of the boy from family as and put him through the remedial process. but the family members should be charged for plotting murder and endangering child'.
Another 'honour' killing:
In another case of ‘honour’ killing, a nine-year-old boy shot dead her aunt who married out of her own free will in Sargodha.
“Can’t get worse than this……Nine years old kid shot and killed aunt for marrying of her own choice in Sargodha. Was trained by family members for one year how to kill her aunt,” journalist Mubashir Zaidi wrote on Twitter. The journalists said the kid was trained by ‘family members for one year how to kill her aunt’.
No ‘honour’ in murder
In a landmark judgement concerning ‘honour killing’ cases, the Supreme Court has said that the word ‘ghairat’ must not be used to describe killings in the name of ‘honour’ as murder is ‘never honourbale and it should not be described as such’.
In a verdict authored by SC Justice Qazi Faez Isa, the top court said: “It will help deter such killings if the term ghairat is not used to describe them.”
In a report published by Express Tribune, the court said that by using the term ghairat, the murdered hopes to provide legitimacy to his actions, but there is no ‘honour’ in such killings.
“It may also elevate the murderer’s social status with those not familiar with what Almighty Allah Commands in the Holy Qur’an. This is unfortunate, more so because there is no honour in such killings,” said the SC judge.
The judgement also questioned the translation of the word ghairat as ‘honour’. According to the judge, the word ghairat does not have an English equivalent, saying a more appropriate translation of ghairat would be ‘arrogance’ and the one with such trait is an ‘arrogant’ person.