PESHAWAR, Feb 1: A full bench of the Federal Shariat Court on Wednesday suspended the sentence of amputation of limbs awarded to a person by a trial court in a case of roadside robbery.

The bench also admitted to full hearing the appeal filed by the convict, Ajab Khan, and issued notices to the NWFP advocate general and the complainant, Mohammad Islam.

The bench comprising Justice Dr Fida Mohammad Khan, Justice S. A. Manan and Justice Saeedur Rehman Farrukh took up for preliminary hearing the appeal and observed that the points raised by the appellant needed consideration.

The chairman, Voice of Prisoners, Noor Alam Khan, appearing for the appellant, stated that the additional district and sessions judge had convicted the appellant on Jan 26 and sentenced him under section 17(3) of the Offence against Property (Enforcement of Hudood) Ordinance, 1979.

He stated that the trial court ordered that his right hand from the wrist and left foot from the ankle should be amputated.

He added that the appellant was also handed down a sentence of five years’ imprisonment and a fine of Rs30,000 under section 412 of the Pakistan Penal Code.

Mr Alam argued that the trial court had erred in sentencing the appellant under Hadd as the basic conditions of Tazkiya Al-Shahood required in the case were not fulfilled.

Mr Alam referred to section 7 of the ordinance arguing that 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 occurrence. He added that these witnesses should be truthful persons and abstain from major sins.

The counsel contended that the same conditions were applicable for sentencing a person under the Hadd in section 17(3). Even for the sake of argument, he added, if it was considered that the witnesses qualified for the requirements of Tazkiya Al-Shahood, the trial court had to conduct proper inquiry about them whether they were truthful persons and had abstained from committing major sins.

Mr Alam argued that in the case both the witnesses were police officials of the Rider Squad and it was not known whether they were truthful persons and had abstained from committing major sins.

“The sentences under Hadd shall be awarded cautiously by the courts as awarding these punishments in haste tarnish the image of Islam and Pakistan across the world. Islam has placed very strict conditions for awarding such sentences,” Mr Alam stated.

The bench asked him to confine himself to the legal points only instead of the impact of the sentences.