ISLAMABAD, Feb 19 (APP):The Supreme Court of Pakistan has reduced the life imprisonment sentence of a murder convict to 15 years and expressed strong displeasure over the inclusion of caste and religious identifiers in the FIR and police record.
The Court reduced the life term of the accused, Arshad alias Balo, in a murder case, while censuring the police for writing “Nau Muslim Sheikh” alongside the complainant’s name in the FIR.
In its judgment, the apex court observed that in Islam, a person’s acceptance of Islam does not alter his status or dignity in any way. Declaring someone as “new” or separate on the basis of conversion is unlawful, the Court held, adding that human dignity is not a concession but a fundamental right of every individual.
The Court further stated that terms such as “Bhangi,” “Choora,” and “Masli” are not identifiers of caste but are used as expressions of humiliation. It is noted with concern that society often measures a person’s worth by the nature of their occupation rather than their inherent dignity. Considering those who make cities livable as inferior or impure reflects a moral failure, the judgment remarked.
The Supreme Court made it clear that adding caste-based prefixes or suffixes in police records is contrary to the fundamental principles of the Constitution of Pakistan. Referring to Article 25, the Court observed that it guarantees equality before law and equal protection to all citizens, while Article 26 prohibits discrimination on the basis of religion, race, caste, or sex. Every individual, regardless of profession, is entitled to dignity, respect, and equality in the eyes of the law and society.
The Court directed all provincial Inspectors General of Police and Islamabad Police to ensure that no caste or community references are included in any FIR in the future.
Similarly, caste or tribal identity shall not be mentioned in arrest memos, recovery reports, or challans. The use of derogatory terms or references to a person’s conversion status in police records has also been prohibited. However, the Court clarified that caste may only be mentioned where the investigating officer has written and concrete reasons to do so.
As per the case details, the accused Arshad alias Balo had murdered Muhammad Tufail in October 2004. The trial court had awarded the death penalty, which was later commuted to life imprisonment by the Lahore High Court.
In its ruling, the Supreme Court cited a scuffle at the scene and the fact that a single gunshot struck a non-vital part of the deceased’s body as mitigating factors, and consequently reduced the life sentence to 15 years.
The judgment was authored by Justice Muhammad Hashim Khan Kakar. The bench comprised Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar, and Justice Ishtiaq Ibrahim.