Supreme Court Dismisses Pre-Arrest Bail Petition in Honour Killing Case
Islamabad 09-07-2024: The Supreme Court of Pakistan has dismissed a [Criminal Petition No. 201-K of 2023], filed by the accused seeking pre-arrest bail in an alleged honour killing case. The petition was against an order dated 20-11-2023, passed by the High Court of Sindh, Circuit Court, Hyderabad, which denied the bail request and recalled the interim bail granted to the petitioners.
The case revolves around the murder of Noreen, who was allegedly killed by her relatives due to their disapproval of her marriage to the complainant, Mansoor Ali. The FIR No. 34/2023 was lodged under Sections 302, 34, 201, and 109 of the Pakistan Penal Code, 1860 (“PPC”) at Police Station Bhan, District Jamshoro. The complainant alleged that Noreen was murdered on May 15, 2023, and the incident was falsely portrayed as a suicide.
The petitioners, including Noreen's parents and brother, argued that the accusations were baseless and driven by mala fide intentions to extort money. They claimed that Noreen had committed suicide due to a troubled relationship with the complainant. The defense highlighted a delay in lodging the FIR and alleged that the complainant blackmailed the deceased.
Contrarily, the prosecution and the complainant's counsel argued that the murder was motivated by the family's disapproval of the marriage and was a case of honour killing. They presented forensic evidence and retrieved messages demonstrating a harmonious relationship between the deceased and the complainant, negating the possibility of suicide. The prosecution also highlighted attempts by the accused to destroy evidence.
The Supreme Court, in its analysis, emphasized that pre-arrest bail is an extraordinary relief granted only in exceptional circumstances to protect innocent individuals from victimization. The Court referred to various legal provisions and past judgments to support its decision. It noted the absence of any plausible reasons for the delay in lodging the FIR by the family and found the medical evidence indicative of murder rather than suicide.
The judgment highlighted the severe implications of honour killings, branding them as violations of constitutional rights and Islamic teachings. The Court cited Article 9 of the Constitution of Pakistan, which guarantees the right to life and liberty, and reiterated that no one has the right to take the law into their hands in the name of honour.
The Court underscored the stringent conditions under Section 497 of the Cr.PC for granting pre-arrest bail, emphasizing the need for reasonable grounds and evidence warranting further inquiry. The Court explained the concept of common intention and abetment under Sections 34 and 109 of the PPC, holding individuals liable for aiding or abetting a crime. The judgment elaborated on various sections of the PPC, including the definition of fasad-fil-arz and punishments for qatl-i-amd (intentional murder), especially in the context of honour killings.
The Supreme Court dismissed the Criminal Petition, refused to grant leave, and recalled the ad-interim pre-arrest bail granted to the petitioners. The Court directed that the observations made in the order should not prejudice the trial's outcome, which should be decided on its merits according to the law.
This judgment reinforces the judiciary's stance against honour killings and the stringent criteria for granting pre-arrest bail in such serious cases. It serves as a reminder of the legal protections against honour-based violence and the importance of upholding constitutional rights.
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