Islamabad Police should not act lenient to Zahir Jaffer. This is important as the use of appropriate sections will guide the investigators. Moreover, it will have a direct impact on the court’s judgement also. Mostly, the courts follow the alignment of case with perspective of the sections of law. The sections define the punishments, their duration and any number of other choices under the law. Therefore, the role of police is imperative in using the legal grounds for registering and pursuing of any case.
In Zahir Jaffer and Noor Mukaddam case, Islamabad Police has registered a criminal case against the murderer. The registration of the criminal case is under Section 302 of Pakistan Penal Code. This section states, Whoever commits murder shall be punished with death, or life imprisonment, and shall also be liable to fine. This Section particularly deals with Qatl-e-Amd. Qatl-e-Amd is precisely defined in Section 300 of Pakistan Penal Code. It states, “Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person. It is said to commit Qatl-e-Amd.”
Is Police Protecting Zahir Jaffer?
Although, Islamabad Police was active in investigating and follow-up of this case initially. Yet, the police could also include a more stringent section of Pakistan Penal Code to strengthen the prosecution. The police should include Section 311 of Pakistan Penal Code which relates to brutality in committing murder. This Section states, “the expression Fasad-fil-Arz shall include the past conduct of the offender, or whether he has any previous convictions. Or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community.” This Section also covers offences in the name or on the pretext of honor.
It is too early to say why Islamabad Police is not including such an important section while registering and pursuing this case. This case is definitely an example of brutality. It has sent shocking waves across Pakistan, and internationally. Moreover, there are certain clues which reflect that this murder may have a pretext of honor also.
Moreover, one of the key differences in both these sections is their out of court settlement. For instance, any case under Section 302 allows the parties to settle out of court and resolve the case. Whereas, in the latter section, one cannot involve in an out of court settlement. Moreover, it refers to a criminal offence with a larger public influence, rather than the immediate family only. It is inapprehensible why Islamabad Police could not find this case under Section 311.