Supreme Court reserves verdict on diyat amount
The Supreme Court of Pakistan has reserved its decision on an important legal question concerning the determination of diyat, or blood money, in murder cases.
A bench of the apex court reserved the verdict while hearing an appeal filed by convict Nadeem Khan. The case focuses on the amount of diyat payable and the point in time that should be used to determine its value.
During the hearing, the convict’s lawyer argued that his client had already completed his prison sentence for the murder conviction and was now serving additional imprisonment because he had not paid the required diyat.
Prosecutor Arshad Hussain told the court that the case was the first of its kind and that a High Court judgment already exists regarding the determination of the amount. He informed the court that the current diyat amount stands at around Rs197 million (Rs19.7 million).
Justice Hashim Kakar asked whether the diyat should be calculated according to its value at the time of the offence, the accused’s arrest, or the time of conviction and sentencing.
Justice Salahuddin remarked that making the financial consequences of murder more serious might discourage people from committing such offences. He also noted that Saudi Arabia continues to use 100 camels as the traditional basis for diyat.
Justice Ishtiaq Ibrahim observed that delays in deciding cases reflect shortcomings in the justice system and said an accused should not suffer because of institutional delays.
In response, Prosecutor Arshad Hussain argued that certain legal matters, such as determining a person’s age, are assessed from the time of arrest, suggesting that a similar principle could apply in determining the relevant period for diyat.
The Supreme Court directed all prosecutors concerned to submit their written arguments on the matter. After receiving the submissions, the court will issue its decision on how and when the amount of diyat should be determined.
