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ISLAMABAD, Nov 19 (APP):Justice Malik Shahzad Ahmad Khan of the Supreme Court has observed, in his dissenting note in the Maaf Ali murder case, that the mere occurrence of an offence inside a courtroom is not enough to justify the death penalty.
According to the detailed written judgment, approved for reporting by the Supreme Court, the prosecution succeeded in proving the charge of murder under Section 302-b of the Pakistan Penal Code; however, key aspects and weaknesses in the case did not support the upholding of the death sentence. The Court commuted Maaf Ali’s death sentence to life imprisonment, while maintaining his acquittal under Section 7(a) of the Anti-Terrorism Act.
The incident took place on January 24, 2014, inside a family court in Gujrat, where the accused, Maaf Ali, allegedly killed his wife, Naeema Bibi, who had been pursuing a separation case against him and was residing in Darul Aman.
Justice Malik Shahzad emphasized that the fact that the murder occurred inside a courtroom does not automatically warrant capital punishment, and that mitigating factors must not be overlooked. The prosecution failed to present any solid motive, and the family court record was also not produced.
The victim’s mother refrained from testifying against the accused and had earlier suspected another person in a previously lodged kidnapping case.
Justice Malik Shahzad further noted that the accused’s two children had already lost their mother, and a death sentence would deprive them of their father as well. He added that familial circumstances and social pressures can influence human behaviour.
The judgment cited several Supreme Court precedents where the death penalty had been reduced to life imprisonment due to lack of proven motive or the presence of mitigating circumstances.
Upholding the conviction under the murder charge, the Court converted the death sentence to life imprisonment, while maintaining the orders relating to diyat and fines.