Islamabad – The Supreme Court has rejected the jail petition of convict Wasim Abbas in the case of murder of a woman who sought khula. The court upheld the decision of the lower courts and refused to interfere with the death sentence.
A three-member bench heard the case. Justice Muhammad Hashim Khan Kakar wrote a detailed four-page judgment.
In the judgment, the court clarified important principles related to the legal right to khula and the protection of women. The Supreme Court ruled that a woman’s right to obtain khula is her recognized legal right.
The court clarified that subjecting a woman to torture or murder for exercising this right is a violation of the law and constitutional guarantees.
The Supreme Court referred to Articles 9, 14 and 25 of the Constitution. These provisions guarantee the fundamental rights related to life, personal dignity and equality.
According to the judgment, if a woman demands her legal right, it is unacceptable to take her life on this basis. The court declared such a crime a clear violation of the law.
The Supreme Court also clarified that in cases of murder in a domestic environment, testimony cannot be rejected on the basis of kinship alone.
According to the court, it is necessary to examine the evidence in its entirety. The mere fact that the witness is a relative of the victim does not automatically make their testimony unreliable.
Forensic evidence of the shell casing and pistol found by the police at the crime scene also proved to be important in the case. According to the judgment, this evidence strengthened the prosecution’s case regarding the crime.
The court found no legal or factual error in the decisions of the lower courts that would justify abolishing the death penalty.
On this basis, the Supreme Court dismissed the convict’s jail petition and upheld the death sentence.
According to the case, Waseem Abbas had shot and killed his ex-wife Shahnaz Bibi on October 11, 2020. The woman had earlier obtained a divorce certificate from the family court.
According to the available preliminary details, about 48 hours after obtaining the divorce certificate, the accused allegedly entered the house and shot the woman.
The trial court sentenced Waseem Abbas to death and 10 years imprisonment for the crime of murder. The Lahore High Court also upheld the death sentence.
The recent decision of the Supreme Court has clarified the final position of the higher judiciary in this case.
In a previous Supreme Court judgment, divorce was also declared as a special legal right of a woman. The court had clarified that in case of serious incompatibility, a woman can seek divorce and she does not necessarily have to prove any allegation against her husband.
The importance of the current judgment is also in the aspect that the court has linked the legal rights of women with their protection. According to this position, the exercise of any legal right cannot justify violence or revenge.
This judgment also provides important guidance regarding the assessment of evidence in cases of domestic violence and crimes against women. In particular, the legal importance of the testimony of relative witnesses and forensic evidence has been highlighted.
Overall, the Supreme Court clarified that harming a woman on exercising the right to divorce requires strict action according to law. The court upheld the death penalty in this case, considering the nature of the crime and the available evidence
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