Supreme Court reserves verdict on key question over diyat in murder case
A Supreme Court bench reserved the ruling while hearing an appeal filed by Nadeem Khan. His lawyer told the court that the convict had already completed his sentence and was now serving additional imprisonment because he had not paid the diyat amount.
Prosecutor Arshad Hussain described the matter as a case of its kind and said a High Court ruling already exists regarding the calculation of the amount.
He informed the court that the current diyat amount is around Rs19.7 million.
Judges question applicable date
Justice Hashim Kakar asked whether the diyat should be calculated according to the value applicable at the time of the incident, the accused’s arrest or the time of conviction.
The question is significant because the value of diyat can change over time, potentially creating a major difference in the amount payable.
Justice Salahuddin remarked that if committing murder became more costly, it might discourage people from committing the crime. He also noted that 100 camels are still used as the basis of diyat in Saudi Arabia.
Delay in justice discussed
Justice Ishtiaq Ibrahim said delays in deciding cases reflect weaknesses in the justice system. He observed that an accused should not suffer because of flaws or delays in the legal system.
The prosecutor argued that certain matters, such as determining an accused’s age, are assessed according to the circumstances at the time of arrest.
Written arguments sought
The Supreme Court directed all prosecutors to submit written arguments on the issue.
The court’s forthcoming decision could provide important guidance on the method and timing used to determine diyat in murder cases, particularly when proceedings continue for several years.
The ruling may also help clarify how courts should deal with changes in the value of diyat between the time of an offence and the completion of legal proceedings.