ISLAMABAD: The Senate on Wednesday saw fissures over a proposed amendment to the Pakistan Penal Code (PPC) to provide for public hanging of those criminals abducting children for murder, to serve as a deterrent against Zainab-like cases in future.

Senator Rehman Malik proposed an amendment to section 364-A of the PPC, saying the small amendment would send a strong message and help prevent incidents of sexual assault and murder of small girls. “This is a pressing demand of the people of Pakistan,” he said.

The idea was opposed by Federal Minister for Ports and Shipping Mir Hasil Bizenjo who said the amendment would not be appropriate as objections were already being raised over the death penalty in Pakistan.

Chairman refers amendment to PPC to house committee on law while seeking input from panels on interior, human rights

“We have had enough of public lashing during the Ziaul Haq regime. There already exists a law, so let the law prevail. Making an amendment out of emotion would not serve any purpose,” he added.

Farhatullah Babar also did not find himself in agreement with the proposed amendment, saying crime and deterrence had no relation. “You cannot eradicate crime through such a law.”

He proposed that if public hanging of Zainab’s killer was that necessary, changes could be made in the jail manual, through which the authorities could order the convict’s execution anywhere.

“I would suggest changes in the jail manual instead of amending the law, as any attempt to change the law for a single case will certainly brutalise society,” he said.

Barrister Muhammad Ali Saif of the Muttahida Qaumi Movement (MQM) proposed that if public hanging of Zainab’s killer was necessary, the issue should be left to the trial court, as it had all powers to decide the convict’s fate.

Women senators Sitara Ayaz of the Awami National Party (ANP), Seher Kamran of the PPP and Khushbakht Shujaat of the MQM endorsed public hanging of the killer of Zainab.

Senators Hafiz Hamdullah of the Jamiat Ulema-i-Islam-Fazl, Jahanzeb Jamaldini of the Balochistan National Party-Mengal, Kamil Ali Agha and Saeedul Hassan Mandokhel of the Pakistan Muslim League-Q, Shahi Syed and Ilyas Bilour of the ANP and Tahir Mashhadi of the MQM also supported the proposed amendment, saying even a harsher law should be enacted to deal with such criminals.

Senator Saud Aziz of the PML-N said that Islam should not be linked to Ziaul Haq while seeking guidance from Islamic jurisprudence. He sought changes to jail manual or an amendment to the PPC to stone the ‘beast’ who killed an innocent girl to death.

Those who opposed the idea of public hanging also inclu­ded parliamentary leader of the PPP in the Senate Taj Haider.

Senate Chairman Mian Raza Rabbani referred the proposed bill to the house committee on law and dir­ec­ted the committees on interior and human rights to give their input.

He asked the law committee to examine whether there was need to amend the law in the presence of Rule 354 of the rules made under the Prison Act, which suggested that a warrant for public hanging could be issued.

Winding up the discussion on ‘key commitments made by the federal government to the Islamic Military Counter Terrorism Coalition without taking the parliament into confidence’, Federal Minister Chaudhry Jaffar Iqbal said no military force was being raised to act against any country.

Farhatullah Babar deman­ded on a point of public importance that the parliament be taken into confidence about the not-so-secret moves to mainstream militant organisations in the country.

“The government must come out clean as any thoughtless move will have far-reaching implications for the fight against militancy,” he said.

The house will meet again on Thursday (today).

Published in Dawn, January 25th, 2018

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