PESHAWAR: The Khyber Pakhtunkhwa government on Thursday opposed before a bench of Peshawar High Court acquittal on ground of compromise of a convict, sentenced to death for killing a medical college student.

The government said that that the act of the convict amounted to Fasad Fil Arz (mischief on earth).

A two-member bench consisting of Justice Roohul Amin Khan and Justice Shakeel Ahmad was told by an additional advocate general, Mohammad Nisar, that the convict, Mujahidullah, should not be acquitted on basis of compromise with the legal heirs of the deceased student, Asma Rani, as it would encourage influential people to commit such crimes.

AAG argues it will encourage influential people to commit such crimes

He argued that even if the legal heirs had pardoned the convict, he did not deserve to be acquitted as his act amounted to Fasad Fil Arz and the court was empowered to maintain his conviction despite the compromise deed.

The bench was hearing three related cases including an appeal filed by Mujahidullah against his conviction, and appeals filed by Asma’s brother Mohammad Irfan and provincial government against acquittal of two of the co-accused in the case.

The bench observed that even if it had to invoke the Fasad Fil Arz provision of Pakistan Penal Code, it had to seek guidance from Quran and Sunnah.

The AAG contended that the legal heirs of a deceased could only waive their right of Qisas under the law and not the sentence awarded under the Tazir.

He stated that the deceased Asma had named Mujahidullah as her killer in a video clip, which had gone viral on social media, resulting into a public outcry. He added that the then chief justice of Pakistan Mian Saqib Nisar had also taken notice of it and issued orders for early arrest of the convict.

The bench adjourned hearing of the cases till March 29.

Advocate Hussain Ali appeared for the convict whereas Barrister Amirullah Khan appeared as amicus curiae.

In September last year, the deceased’s father Ghulam Dastagir announced pardoning Mujahid after efforts of a jirga. Normally, under the Code of Criminal Procedure and Pakistan Penal Code an accused can be pardoned by legal heirs of a deceased in a murder case at any stage of the trial or appellate stage.

The appellant, Mujahid, was convicted by Peshawar district and sessions judge on June 25, 2021. He was sentenced to death with fine of Rs300,000 apart from paying compensation of Rs2 million to legal heirs of the deceased girl.

The trial court had, however, acquitted two of the co-accused including the appellant’s brother Sadiqullah and his friend Shahzeb, who were charged with abetment in the crime.

In this high profile case, the complainant, Mohammad Irfan, had claimed that Mujahidullah, who was already married, along with his brother Sadiqullah had opened fire at Asma Rani near her residence in Kohat on January 27, 2018. The motive for the murder, he claimed, was that the deceased had turned down his marriage proposal.

Following the occurrence, Mujahidullah fled to United Arab Emirates the same night. He was subsequently arrested there when Interpol issued a red notice on the request of the government of Pakistan. He was shifted back to Pakistan in March 2018.

During one of the previous hearings, the bench had appointed Barrister Amirullah Khan as amicus curiae, asking him to assist the court on the point that in view of provisions of CrPC, PPC and Constitution of Pakistan, what scope was left for the court to intervene when a murder case was privately patched up by the parties.

Published in Dawn, March 11th, 2022