PESHAWAR: Sharia court sets aside sentence: Amputation of robber’s limbs
Bureau Report
PESHAWAR, June 22: A full bench of the Federal Sharia Court has set aside a sentence involving amputation of limbs, awarded to a person by a trial court under the Hudood Law in a case of roadside robbery in Peshawar.
The bench comprising Chief Justice Hazikul Khairi, Justice Dr Fida Mohammad Khan and Justice Salahuddin Mirza observed that the trial court had erred in convicting the accused, Ajab Khan, under Hadd as the basic requirement of Tazkiya-i-Shuhood for the witnesses was not fulfilled in the case.
The court, however, upheld the conviction of the appellant, Ajab Khan, under Section 412 of the Pakistan Penal Code, dealing with recovery of stolen items, under which he was sentenced to five years’ rigorous imprisonment with a fine of Rs30,000.
The bench had reserved its judgment after completion of arguments about two weeks ago and pronounced it a few days ago in Islamabad.
Under the Hudood laws, the sentence of amputation of limbs is subject to confirmation by the Federal Sharia Court. The court had suspended the sentence on February 1, 2006 in Peshawar and admitted it for full hearing on the appeal filed by the appellant.
The Peshawar additional district and sessions judge had convicted the appellant on January 26, 2006, and sentenced him under section 17(3) of the Offence against Property (Enforcement of Hudood) Ordinance, 1979. The court had ordered that his right hand up to the wrist and left foot from the ankle down should be amputated. The court also handed down a sentence of five years’ imprisonment and a fine of Rs30,000 under section 412 of the PPC.
Chairman of the Voice of Prisoners Noor Alam Khan appeared on behalf of the appellant and contended that the trial court had ignored basic requirements for convicting a person under the Hadd.
He also contended that under Section 7 of the Hudood Ordinance the proof of an offence liable to Hadd was in two forms: either the accused should plead guilty of the commission of the offence or at least two Muslim adult male witnesses having regard to the requirements of Tazkiya Al-Shahood give evidence as eyewitnesses of the event.
He added that these witnesses should be truthful persons and must have abstained from major sins.
