February 2, 2006	Thursday	Muharram 3, 1427

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PESHAWAR, Feb 1: The Federal Shariat Court on Wednesday directed the Kohat district and sessions judge to conduct an inquiry to determine if the legal heir of a deceased were willing to enter into a compromise with his killers, including his wife and nephew, who have been on death row for more than five years.

The court’s full bench comprising Justice Dr Fida Mohammad Khan, Justice S. A. Manan and Justice Saeedur Rehman Farrukh ordered that the inquiry should be conducted within one month.

The bench was hearing criminal appeals of two accused murderer, Ms Shehnaz and Aamir, said to be the wife and nephew of the deceased, respectively.

The deputy advocate general, Akhter Naveed Khan, appeared for the state whereas Voice of Prisoners chairman Noor Alam Khan represented Ms Shehnaz and advocate Shahabuddin Burq represented Aamir.

In Jan 2003, Ms Shehnaz’s counsel had raised a legal point that as she was having children from the deceased, therefore she could not be sentenced to death under the Qisas and Diyat law. At that time a full bench of the Shariat court had ordered the provincial government to conduct an inquiry whether the woman was having children from her deceased husband.

The bench was told on Wednesday that the woman had three children from the deceased, two of whom — Nazia and Zohaib — had been living with her in the prison. The state counsel informed that her elder daughter was 11-year-old and had been living with one of her relatives.

The counsel appearing for the appellants stated that earlier Mahboobur Rehman, father of the deceased, had given an undertaking that he was willing to compromise with the two appellants. The bench was informed that he was among the legal heirs of the deceased, but had died.

The bench observed that other legal heirs of the deceased including his brothers should be approached and asked whether they were willing to forgive the two persons.

Mr Noor Alam said that once it was proved that the woman was having children from the deceased the trial court should not have awarded death sentence to her. He added that he was prepared to argue the case on merit also.

The bench observed that further hearing would be held in Islamabad after ascertaining the views of the legal heirs.

The appellants were sentenced to death by a trial court in Kohat on Oct 3, 2000.

After their conviction they had filed criminal appeals before the Peshawar High Court. In April 2002, a two-member bench of the high court transferred their appeals to the Federal Shariat Court as they were also charged under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Under the rules only the Shariat court is empowered to hear their appeals.

The prosecution had claimed that the two appellants had killed Ibrar in Aug 1996 and had claimed that he had gone to the UAE. It was alleged that later his body was recovered from a well.