Two penalties for one crime violation of basic human rights: SC

ISLAMABAD: Hearing a case of murder and dacoity, the Supreme Court on Wednesday remarked that it was against basic human rights to award punishment under two sections for one offence.

A two-member bench, led by Justice Musheer Alam, heard the appeals of three prisoners — Mowaz, Rehan and Irfan — in a case of murder and dacoity.Notices were issued to the state and the parties concerned on a legal point whether or not the court will release the accused in a single case of murder and dacoity if it accepts reconciliation in a pardonable crime (murder) and includes the sentence served by the accused for an unpardonable offence (dacoity). The hearing was adjourned for an indefinite period.

Justice Dost Muhammad Khan remarked that Qisas and Diyyat were the laws of the holy Quran which took precedence over all other penal codes and that in such cases only the legal heirs of the murdered person could pardon the murderer.He said although the Constitution had bestowed powers on the president to pardon convicts, he also could not use this power in such cases.

Justice Dost Muhammad asked how two punishments could be awarded for one crime.He said the murder took place during a dacoity bid and punishment should have been awarded under sections 302 or 396 of the criminal law. He said it was a violation of the basic human rights to award punishment under two sections for one crime.

Appearing on behalf of convicts, Raja Ikram Amin Minhas, and they had passed life term and just in dacoity case they could not be kept in jail.  He presented different examples of the court in this regard and said that two punishments could not be awarded in for one offence. The court admitted the petition for preliminary hearing and issued notices to the state and the parties concerned.