12 February 2004	Thursday	20 Zilhaj 1424

LAHORE, Feb 11: The Federal Shariat Court on Wednesday suspended the rigorous imprisonment awarded to a minor observing that he had been convicted for violating the Juvenile Justice System Ordinance. Chief Justice Ejaz Yousaf also remarked that judges of subordinate courts should take into consideration the ordinance before taking decisions.

An additional sessions judge of Bahawalnagar had sentenced Mohammad Ahalkar (16) to five years of rigorous imprisonment and awarded him a fine of Rs10,000 for sodomy. He was lodged at the Bahawalnagar district jail. Ahalkar filed an appeal with the Federal Shariat Court which suspended his conviction and allowed his release on bail till a final decision on the appeal.

Section 12 of the Juvenile Justice System Ordinance 2000, provides that "no child shall be awarded death, or ordered to labour in a Borstal or any such institution, handcuffed, put in fetters or given any corporal punishment at any time in custody..."

The ADSJ, according to the Federal Shariat Court order, did not take into consideration the law, Chief Justice Ejaz Yousaf remarked when he summoned Assistant Advocate-General Raja Abdur Rehman to his court on Wednesday.

A case against Ahalkar was registered with the Donga Bonga police under Section 12 of the Zina (Enforcement of Hudood) Ordinance 1979 on May 8, 2003, on the complaint of Mohammad Aslam, brother of 11-year old victim Shehzad. Ahalkar was awarded punishment on Dec 3 the same year. He filed the appeal within three weeks, which was decided in a little over a month.