Law: Pakistan Penal Code, 1860

Section: 306(b),306(c),307(1)(b),307(1)(c),309(1) ,310(1),311,313,338

Law: Constitution of Pakistan, 1973

Section: Preamble,203-D

Law: Criminal Procedure Code (V of 1898)

Section: 345(1),345(2A)

(a) Penal Code (XLV of 1860) --- ----Ss 306 (b) & (c), 307(1) (b) & (c), 309(1), 310(1), 311, 313 & 338---Criminal Procedure Code (V of 1898), S. 345(1) & (2A)---Constitution of Pakistan, Art.203-D---Shariat petition---Honour killing---Waiver to or compounding of offence---Repugnancy to Injunctions of Islam---Plea of petitioner that honour killing was "Fasad-Fil-Arz" and therefore there should be no compoundability in granting waiver to or compounding the offence of Qisas with an accused who took law in his hands and committed a heinous offence of murder without adopting recourse to the judicial process---Validity---Section 311, P.P.C. already provided for the relief sought by the petitioner---Said section started with the word "notwithstanding anything contained in S.309 or 310" pertaining to waiver of Qisas in Qatl-i-amd and compounding of Qisas in qat1-i-amd and by authorizing the court to award, inter alia, even death sentence to such a culprit despite the waiver of or compounding the right of Qisas by the adult sane "Wali"---Shariat petition being misconceived was dismissed accordingly. (b) Constitution of Pakistan --- ----Preamble---Islamic State was bound to exercise its power and authority within the limits prescribed by the Injunctions of Islam, through the chosen representatives of the people. THIS JUDGMENT DELIVERED BY: ALLAMA DR. F1DA MUHAMMAD KHAN, JUSTICE:---.--- The Petitioner Syeda Viquar-un-Nisa Hashmi, Advocate has challenged sections 306(b)(c), 307(1)(b)(c), 309(1) and 310(1). She has prayed that these Sections, relating to Qisas and Diyat being against the Injunctions of Islam be declared as such. The impugned Sections read as under:- "306(b)(c) Qatl-i-amd not liable to qisas: Qatl-i-amd shall not be liable to qisas in the following cases, namely:- (b) when an offender causes death of his child or grandchild, howlowsoever; and (c) when any wali of the victim is a direct descendant, howlowsoever, of the offender. 307(1)(b)(c) Cases in which qisas for qatl-i-amd shall not be enforced: Qisas for qatl-i-amd, shall not be enforced in the following cases, namely:- (b) when any wali voluntarily and without duress, to the…

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