Pardon in Shahzaib murder case is Not a Defeat

Recent developments in Shahzaib murder case are indeed shocking and at the same time baffling. Our friends over social media and also on other electronic media are thoroughly aggrieved by the unbelievable act of pardoning Shahzeb’s culprits.

While some went as emotional as to hold that they sold their dead son for some bucks, others are whining that no one will ever stand for any victim again. And then there are some proclaiming that no brother will protect his sister against street urchins ever again.

No doubt the actions taken by the parents of deceased could hit even a hard-hearted person with a rude knock of surprise, they also somehow don’t qualify the set moral standards. But let’s examine this entire saga thoroughly apart from sentimental approach, so that we can come into conclusion that whether justice was done to Shahzaib or not.

Now, whether struggle of civil society, friends of Shahzaib and media(including social media) remained fruitful or not. There are two aspects to this case.1: legal aspect.2: social aspect.
I would like to discuss legal aspect first. Apart from initial negligence on the part of investigating agencies (Police and F.I.A)after registration of F.I.R, fair, impartial and fearless investigation was conducted. The culprits were arrested and challan was submitted to concerned ATC court under terrorism laws(offences under terrorism laws are not compoundable by victim or legal heirs).

Irrespective of immense pressure accused were prosecuted and court sentenced all the culprits. We can say that on this conviction formally justice was done. Now we come about the point of pardoning culprits by victim,s family. Rumours have it that the family have accepted monetary compensation i.e diyat,and also reports are coming that family was being threatened by culprits family. The former is acceptable but latter is out of question.

And if Shazaib’s family has accepted diyat money what is harm in it?It is their legal right enshrined in Islam and incorporated in law of land. Though their action may be depressing for many of us but it is not condemnable. Whatever they had done, it’s their rightful decision and we should duely respect it.

But the story does not end here because firstly, murder is an offence that is not compounble and secondly even if complainant pardons culprits in such like cases even then court can convict in the name of fisad as enshrined in Pakistan Penal code section 311.
Now we come to other social aspect of this case. This case proved that we are a brave and selfless civil society. Shahzaib’s friends struggled bravely for justice and civil society of Karachi and from all over the country stood with his family which eventually led to the arrest. Example is set. But now this recent development is being taken as defeat of juctice. But in fact it is not defeat. It has already been proved that real power lies within the people. I request all the let-down fellows to not don’t give up hope. What happened in Shahzaib’s case was a choice opted by his family, but let’s not forget that there was a choice that his friends also made before it. The choice to fight against the wrong and that is all that matters.