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03-10-2018, 04:30 PM
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Senate says yes to public hanging
Presented to the Upper House on Friday by the committee?s Chairman Senator Javed Abbasi, the report settled the controversy whether under the present set of law, public hanging of a convict involved in heinous crime is allowed or not. To counter those raising the issue of ?human rights? to prevent public hanging of the rapist and murderer involved in the Kasur incident, the report insisted that rights of convict has to be interpreted vis-a-vis the rights of the victim. Chaired by Senator Javed Abbasi, the committee met thrice during the recent weeks to discuss the issue raised following the Kasur episode, to conclude: (i) Prisons rules provide the legal backing for provision of hanging in public. (ii) The judgment of the Supreme Court is not an impediment in providing punishment of death by hanging publicly in heinous and gruesome crime of rape and murder of daughters of the nation. (iii) Rights of culprits cannot be interpreted in isolation as the same will have to be interpreted vis-à-vis the rights of victims. (iv) The provinces, if deem necessary, may introduce amendments to the Prisons Rules to address administrative issue in the execution of hanging in public, if any. The issue was referred to the Committee on Law and Justice by the Senate after the HR Committee of the House, led by Senator A Rehman Malik, had sought an amendment to the Pakistan Penal Code to publicly hang the convicts of those involved in kidnapping, rape and murder of children. The HR committee had proposed Section 364A, which read: ?Kidnapping or abducting a person under the age of fourteen years.- Whoever kidnaps or abducts any person under the age of fourteen, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death by public hanging or with (imprisonment for life) or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.? The Senate Committee on Law considered the HR committee?s proposal and did not find any reason to make any amendment to the law. The committee report, however, says that amendment to the Prison Rules could be made to enable 40 persons to witness the execution of the convicts. Under the present rules, it is said that up to 12 adults are already allowed to witness the execution within the prison. Furthermore, the report said, the rules also provide for enabling provision of execution outside the prison. The report also talks about how the Supreme Court ruled on the matter in 1994. The reports said that the SC in its judgment had analysed the Section 10 of Special Courts for Speedy Trial Act, 1992, which dealt with the place of execution of any sentence under the Act having regard to the deterrent effect which such execution is likely to have. The SC, the report said, while referring to the Article 14 of the Constitution had held that in all circumstance the dignity of every man is inviolable and executing in public even the worst criminals appears to violate the dignity of man and constitutes a violation of the fundamental rights contained in Article 14 of the Constitution. The committee report also contained the views of the Council of Islamic Ideology, the Law Ministry and all the provincial governments on the issue of public hanging but concluded Prison Rules provide for public hanging; SC?s judgment is not an impediment for public execution of a convict involved in gruesome crime of rape and murder of daughters of the nation; rights of culprit have to be interpreted vis-a-vis the rights of victims, and; provinces may amend Prison Rules to address administrative issue in the execution of hanging in public. أكثر... 
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العرض العادي
