PESHAWAR, Aug 25: In an honour-related murder case, the Peshawar High Court has requested three senior lawyers to assist the court on the question that whether a husband could be awarded death sentence under the Qisas and Diyat law if he kills his wife who also bears his children.

The question came before a division bench of the high court comprising Justice Tariq Pervaiz and Justice Qaim Jan Khan two days back when a counsel for an appellant, who was awarded death penalty for killing his wife, contended that capital punishment could not be awarded to the appellant under the Qisas and Diyat law.

The bench decided that as it was an important issue, therefore, three senior lawyers of criminal jurisprudence — Khwaja Mohammad Khan of Gara, Zafar Abbas Zaidi and Asadullah Khan Chamkani, who is president of Peshawar High Court Bar Association — should assist the court as amicus curiae (friend of the court).

The appellant, Abdul Lateef, aged about 45, had killed his wife, Khunza Nisa, on Jan 25, 2000, in Chitral district. The appellant suspected that his wife had illicit relations with one of his relatives, Abdul Samad. His mother was a witness to the incident and had narrated the entire proceedings to the police, following which the appellant was arrested.

His trial was conducted by the district and sessions judge, Chitral, who awarded him death sentenced on Dec 15, 2001. After conviction, he had filed an appeal before the high court praying that he was innocent.

Advocate Roohul Amin appeared for the appellant and contended that under the Qisas and Diyat law an accused could not be awarded death sentence when any wali (legal heir) of the victim was a direct descendant of the offender.

Mr Amin quoted section 306(c) of the law and stated that Qisas for Qatl-i-amd (intentional murder) should not be enforced “when any wali of the victim is a direct descendant, how low so-ever, of the offender.” He added that under section 302(c) of the law whoever commits Qatl-i-amd should be punished with imprisonment of either description for a term which may extend to 25 years, where according to the injunctions of Islam the punishment of Qisas was not applicable.

The appellant’s counsel further contended that as the appellant had three children from the deceased, therefore, under section 306(c) the punishment of Qisas was not applicable and thus the death penalty could not be awarded in such circumstances.

He added the trial court erred in awarding the sentence to the appellant.