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The Forgiveness by the Victim's Heirs does not entitle the Accused to Bail in Honor Killing Case --- Lahore High Court

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The Forgiveness by the Victim's Heirs does not entitle the Accused to Bail in Honor Killing Case --- Lahore High Court

Islamabad 02-09-2024: The Lahore High Court has rejected the post-arrest bail application of Bilal Sikandar, who is accused of murdering his sister in what has been described as an "honor killing." The decision comes after the Court reviewed substantial evidence linking the accused to the crime and considered recent legal amendments aimed at curbing such practices.

Bilal Sikandar was charged under Sections 302 and 311 of the Pakistan Penal Code (PPC) following the death of his sister, Ramsha, who was allegedly shot by Bilal on February 2, 2024, in their home in Sargodha. The incident was reportedly witnessed by police officers who responded to the scene after hearing an uproar.

In his defense, Bilal's counsel argued that the victim's parents had forgiven the accused, thereby justifying his release on bail. However, the Court emphasized that under the amended provisions of the PPC and the Code of Criminal Procedure (Cr.P.C.), forgiveness by the victim’s heirs does not automatically entitle the accused to bail, especially in cases of honor killings.

The Court referenced significant case law, including the Supreme Court’s ruling in Muhammad Akram Khan v. The State (PLD 2001 SC 96), which firmly stated that no individual has the right to take another's life under the pretext of "Ghairat" (honor). The judgment also highlighted that such acts are both illegal and un-Islamic, and perpetrators should face the full force of the law.

Further, the Court dismissed the defense's argument regarding discrepancies between the ocular and medical evidence, citing the Supreme Court's precedent in Mumtaz v. The State (2012 SCMR 556), which holds that such conflicts should not be resolved at the bail stage.

This decision reflects the judiciary's strict stance on honor killings, following legislative amendments that limit the compounding of such offenses and emphasize severe penalties, including life imprisonment. The Court's ruling underscores the importance of upholding the rule of law in cases involving violence against women under the guise of honor.

The trial is expected to proceed swiftly, with the Court directing the lower Court to conclude the case within four months. This ruling marks a significant step in the ongoing effort to combat honor killings in Pakistan and reinforce the legal protections for women against such crimes.