MUHAMMAD ALI MAHAR vs State S — 2024 SCMR 1584 SUPREME-COURT

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MUHAMMAD ALI MAHAR VS State S. 498---Penal Code (XLV of 1860), Ss. 302, 34, 201 & 109---Constitution of Pakistan, Art. 185(3)---Honour killing---Pre-arrest bail, recalling of---According to the complainant he had contracted marriage with the deceased lady, which annoyed her family and relatives, due to which the accused persons murdered her on account of honour---Whereas the accused side claimed that the deceased lady had committed suicide---Parents or other family members of the deceased never lodged any FIR but the FIR was lodged by the complainant after the murder of his wife---In all conscience, had it been a case of suicide, even then, the matter should have been reported to the police by the family to investigate whether it was really a case of suicide or murder without branding the incident as suicide at first glance, which was not done and raised many questions and apprehensions on the conduct of the petitioners (accused persons) and other family members arrayed in the case by the prosecution---No specific details of mala fide intention on part of the complainant or the prosecution were shown by the accused side---In fact, no plausible reasons were shown as to why the FIR was not lodged by the parents and other family members---Moreover, the medical evidence indicated a dearth of blackening at the locale of the injury, which suggested that it was not a case of suicide----Certain material was available which demonstrated that the accused persons strived to wipe out the messages exchanged between the complainant and the deceased which were recovered by the forensics lab---Said messages provided significant insight into the relationship dynamics between the deceased and her husband which clearly indicated that the couple shared a harmonious and affectionate relationship---Their light-hearted and humorous conversations further substantiated that there was no animosity or distress in their marriage hence it contradicted any assertion of suicide and instead pointed towards it being a murder motivated by honour, as alleged---Petition was dismissed, leave was refused, and as a consequence the ad-interim pre-arrest bail granted to the petitioners was recalled. Citation Name: 2024 SCMR 1584 SUPREME-COURTBookmark this Case MUHAMMAD ALI MAHAR VS State "Sui juris"---Meaning. Citation Name: 2024 SCMR 1584 SUPREME-COURTBookmark this Case MUHAMMAD ALI MAHAR VS State S. 302---Constitution of Pakistan, Art. 9---Honour killing of females---"Fasad-fil-arz"---Karo-kari, custom of---Notorious act of honour killing is branded as karo-kari which menace is cancerous and tumorous to our society, humanity, and the populace---In fact, this is an act of murder in which a person is killed for his or her actual or perceived immoral deeds and comportments---Without doubt, the father and other family members of a female might be annoyed or exasperated on knowing about her marriage of choice, but it no way allows them to take the law in their hands---This genre of gender-based violence is not only destructive for humanity and social order but it is regarded as "fasad-fil-arz" which is not only against the norms of civilized culture in the society, but is also a violation of fundamental rights enshrined under the Constitution, and most importantly, it is also a serious defilement and disrespect to the teachings and injunctions of Islam---Neither the law of the land nor religion permits so-called honour killing which amounts to murder simpliciter---Such iniquitous and vile act is violative of Article 9 of the Constitution.

MUHAMMAD ALI MAHAR vs State S — 2024 SCMR 1584 SUPREME-COURT

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