LIAQAT ALI vs Mst. KHALIDA PARVEEN and others
The petitioner, Liaqat Ali, sought leave to appeal against his conviction under Section 11 of the Offence of Qazaf (Enforcement of Hadd) Ordinance, 1979, for which he had been sentenced to imprisonment and a fine, later modified by the Federal Shariat Court. The core legal question before the Supreme Court was whether the petitioner’s sentence should be suspended pending the appeal. The Court, emphasizing the gravity of the offence of slander against women as addressed in the Holy Qur'an, held that such conduct is reprehensible and that the petitioner failed to establish any valid grounds for the suspension of his sentence. Consequently, the Supreme Court dismissed the petition and refused leave to appeal, affirming the necessity of adhering to divine law in social affairs and maintaining the integrity of the judicial process regarding moral offences. The judgment underscores the judiciary's strict stance against the offence of Qazaf, treating it as a serious transgression that warrants the upheld sentence.
- Does the offence of Qazaf provide sufficient grounds for the suspension of a sentence pending appeal?
- Is the conviction under Section 11 of the Offence of Qazaf (Enforcement of Hadd) Ordinance, 1979 subject to the suspension of sentence by the Supreme Court?
- Section 11, Offence of Qazaf (Enforcement of Hadd) Ordinance 1979
- Section 382-B, Code of Criminal Procedure 1898
' ALLAMA RASHID AHMED JULLUNDHARI (MEMBER).---Petitioner Liaqat Ali son of Hakim Fazal Din has been convicted by learned Additional Sessions Judge, Lahore, under section 11 of Offence of Qazaf (Enforcement of Hadd) Ordinance, 1979 and sentenced to undergo R.I. For six months, plus to pay a sum of Rs,10,000 as fine. Subsequently, on November 22, 2001, Federal Shariat Court of Pakistan was pleased to reduce R.I. From six to four months and fine of Rs,5,000 in default whereof to undergo S.I.
For two months Benefit of section 382-B, Cr.P.C. Has been given to him.
2. Now, the petitioner seeks leave to appeal for suspension of sentence. In fact such request on the part of those who utter slander about ladies is mockery. Holy Qur'an takes the most serious notice of such people and says:-- "Flog them with eighty stripes; ' And reject their evidence (Shahadah)
' Ever after; for such men ' Are wicked transgressors" (Sura Al Noor: 4)" In deed Holy Qur'an regards life, devoid of morality, meaningless. We have therefore, to follow divine law in our social affairs sincerely. After studying the case, no ground is made out for suspension of the sentence. Petition is dismissed and leave to appeal refused.