PESHAWAR: Peshawar High Court has ruled that murder committed on pretext of honour amounted to Fasad-Fil-Arz (mischief on earth) and the law has placed embargo on making compromise in such an offence.

A single-member bench consisting of Justice Salahud Din rejected bail petition of an accused arrested in an honourrelated double-murder of his wife and brother despite a compromise taken place between the parties, observing that section 345 (7) of Code of Criminal Procedure put an embargo on compounding the offence of murder, if committed on the pretext of honour.The bench in its eight-page detailed judgement discussed different provisions of Pakistan Penal Code and CrPC and judgements of superior courts related to the issue.

The bench observed that even if the legal heirs of the deceased persons patched up the matter with a genuine compromise by waving of their right of Qisas, the trial court had the discretion to proceed with conviction of the accused if satisfied that the principle of Fasad-Fil Arz was attracted.

The FIR against the accused named Arshad was registered at Levies Post, Dargai, Malakand on Dec 19, 2024, under sections 302 (intentional murder), 311 (Fasad-Fil Arz) etc of PPC.

The complainant in the FIR was a brother of the accused named Farmanullah, who stated that the deceased woman was his sister-in-law and she was married to his brother around 10 months ago.

He said that on the day ofoccurrence, when he reached home his father Amir Zada, uncle Amanullah and Arshad were present there. He added that Arshad told him that he had seen his wife and brother in objectionable condition and intended to kill them.

The complainant alleged that Arshad first killed his brother, who was locked in a room and then his wife, who was in her residential room. Subsequently, a compromise took place as the legal heirs of both the deceased, including the mother of the deceased woman, pardoned the accused.

The mother of the deceased woman also appeared in the court and told the bench that she would not object if the accused was released on bail.

The assistant advocate general, Kamal Khan, appeared for the state and contended that the petitioner had been charged with committing murder of two innocent persons on the pretext of honour, therefore, he was not entitled to the concession of bail.The bench quoted the explanation given in section 311 of PPC, dealing with Fasad-Fil Arz, observing that it divulged that Fasad-Fil Arz included honour crime or offences committed in the name or on the pretext of honour as prima facie emerging in the present case.

It was observed that honour killing had been considered a non-compoundable offense because of the embargo placed in section 345 (7) of CrPC.

The bench also referred to a 2001 judgement of Supreme Court, wherein the apex court had ruled: `Legally and morally speaking, nobody has any right nor can anybody be allowed to take law in his own hands to take the life of anybody in the name of `Ghairat`.

Neither the law of the land nor religion permits so-called honour killing, which amounts to murder (Qatl-i-Amd) simpliciter. Such iniquitous and vile act is violative of fundamental right as enshrined in Article 9of the Constitution of Islamic Republic of Pakistan, which provides that no person would be deprived of life or liberty except in accordance with law and any custom or usage in that respect is void under Article 8(1) of the Constitution.

The bench observed that since the court still had the discretion to allow or refuse the compromise, and if the compromise was allowed, even then, the trial court may proceed with the petitioner`s conviction if the prosecution succeeded in establishing his guilt. Therefore, in the present case, the petitioner`s bail plea on the ground of compromise was turned down.

Earlier, an additional sessions judge of Dargai, Tariq Abbas, also rejected the bail petition of the accused onJan15,2025.The judge explained different provisions of law and earlier judgements, observing that an accused was not entitled to bail in an honour-related murder merely on the basis of a compromise.