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Should Qandeel Baloch's brother be given capital punishment?

Should Qandeel Baloch's brother be given capital punishment?

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Abdullah719

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The brother of Pakistani social media star, Qandeel Baloch, who expressed pride for having killed his sister, has been charged with a crime against the state for the so-called "honor" killing, according to a police report.

The rare charge against Waseem Baloch, who confessed to killing one of Pakistan's most famous and controversial online celebrities because "girls are born to stay home," was included in a charging document obtained by CNN.

The count under Section 311 of the Pakistan's Penal Code makes the state an applicant against Waseem Baloch, meaning that he cannot be pardoned even if the victim's relatives -- in this case, his parents as well -- forgive the killer.

"The provision was inserted into the penal code in 2004 and it was specifically with regards to murder committed in the name of honor," Sahar Bandial, an attorney based in Lahore told CNN.

"Under Islamic law, murder is seen as a forgivable act, however due to this provision, it is treated as a crime against the state. Crimes against the state are unforgivable. Legal heirs cannot forgive the perpetrator of the crime or receive any monetary compensation. The state steps in and becomes the prosecutor since the crime is so heinous that the state will not allow this offense to be compounded."
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http://edition.cnn.com/2016/07/19/asia/pakistan-qandeel-baloch-brother-charged/

So should Waseem Baloch be put to death for killing his sister?
 
Yeah hang the murderer. We need to send message to other "honorable" brothers.
 
Capital punishment does suit the crime. Life imprisonment is fine too.
 
My problem is that if he's confined to prison, who's to say that there won't be widespread protests to free him like the ones with Qadri worshipers?
 
dayvancowboy said:
My problem is that if he's confined to prison, who's to say that there won't be widespread protests to free him like the ones with Qadri worshipers?
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nope, ppl ll not come forward for him.
As it's family dispute and NOT religious case like it was in Qadri. In Qadri case too, mostly maulvi came forward, common man didn't bother about his release. Attending funeral is different thing.

Is capital punishment "death penality"?
 
Stuff like this is why I can never support the abolishment of the death penalty (but won't lecture other nations who have chosen to do so).
 
Def. bro.

Whoever takes law in other hand, should be punished for the crime.

Not relating to Qandeel Balooch, if the State couldn't stop or backing a crime then it is the duty of the society to stop it force.
 
he ll b going through trial and let judge decide what his punishment will be.

there are alot of murders happen everywhere in the world, every murder's punishment is not death penalty.
 
Read somewhere that now the family cannot forgive the culprit because the state is now the complainant.

Sent from my Lenovo A6000 using Tapatalk
 
Yes, he needs to be made an example of that. People should know that life and death of a person is not on another persons wishes but is the will of god. We can not be going around playing god.
 
Yes, capital punishment is the only way to deal with murderers.
 
The Lahore High Court (LHC) on Monday acquitted Muhammad Waseem, the man sentenced to life imprisonment for the murder of social media starlet Qandeel Baloch, nearly six years after her brutal killing that shocked the nation.

Qandeel – born Fouzia Azeem – was found strangled to death in her house in Multan’s Karimabad area on July 16, 2016. Her father had accused Waseem of the murder, who admitted in a 2016 media conference that he strangled his 26-year-old sister due to her social media activities.

The case was heard today by the Multan bench of the Lahore High Court (LHC) on Waseem's plea for the annulment of his sentence, Express News reported.

The acquittal was made following the issuance of a raazi nama (certificate of consent) as witnesses in the case backtracked from their stance.

The mother of the accused submitted a signed affidavit with Justice Sohail Awar, saying the petitioner in the case, the father of the accused had died, and that there was no one at home to look after her.

She further pointed to the fact that the witnesses in the case had backtracked from their stance on the incident.

In September 2019, a court in Multan had subsequently found Waseem guilty and sentenced him to life imprisonment.

In the 38-page verdict, Judge Imran Shafi acquitted five other people, including another of Qandeel's other brothers, Aslam Shaheen, and Mufti Abdul Qavi, a cleric who remained a central figure in the murder investigation.

Qandeel's killing had sent shockwaves across Pakistan and triggered an outpouring of grief on social media, and prompted the government to tighten laws to ensure that killers could not walk free if family members forgave them.
 
No. Life sentence for him hoping that he is haunted by his sister's spirit in the cell:))):))) I once saw a horror show where a man who murdered his wife for money ended up like that.

Qandeel may have been outspoken for the sake of gaining attention but did not deserve that. The family had to forgive their son perhaps because he is the only bread winner left in the family.
 
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thelandofthebravepeople said:
This is shocking how a man can walk free for killing his own sister just because the family forgive them. ***.
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Clearly the mother has forgiven him. She doesnt want two of her children dead.

I can understand this from a mothers pov but overall its not justice for murder imo however it has all been done in accordance with the law of the land.
 
Knowing these honour killings are common in Pak this Qandeel girl knew the risk she was taking. It was all about grabbing attention otherwise she could easily have moved to the west or most places and made whatever video's she wanted. Thing was she wanted to be controversial in Pakistan then being seen as normal and safe in the west. She knew how no one would have blinked an eye had she moved to the west over her so called controversial video's.
 
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PakLFC said:
Knowing these honour killings are common in Pak this Qandeel girl knew the risk she was taking. It was all about grabbing attention otherwise she could easily have moved to the west or most places and made whatever video's she wanted. Thing was she wanted to be controversial in Pakistan then being seen as normal and safe in the west. She knew how no one would have blinked an eye had she moved to the west over her so called controversial video's.
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Whats your point? She deserved it because it or was asking for it?

Qandeel deserved better justice than this As far as i know the law was amended so killers cannot be pardoned like this by the family

So how the judge has let him off on this i do not know
 
Nah, this is messed up.

Imagine being a woman in Pakistan right now, knowing that you or your mother/sister or any female relative can get murdered, and the suspect who admitted to murder won’t get punished for it.

There’s no justice in Pakistan, it’s a failed state. It’s a 3rd world s#^*hole and it’ll always remain that way.

It’s 2022, and Murderers are being allowed to walk the streets without facing punishment.

Hopefully, someone out there does the right thing once the brother is released.
 
YousafTheBeast said:
Nah, this is messed up.

Imagine being a woman in Pakistan right now, knowing that you or your mother/sister or any female relative can get murdered, and the suspect who admitted to murder won’t get punished for it.

There’s no justice in Pakistan, it’s a failed state. It’s a 3rd world s#^*hole and it’ll always remain that way.

It’s 2022, and Murderers are being allowed to walk the streets without facing punishment.

Hopefully, someone out there does the right thing once the brother is released.
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Whats the right thing? Violence against him? Will that make pakistan a better state?

I agree with you tho This isnt justice In no way someone whos clearly guilty should be released like this The pakistan justice system has massive holes in it and needs fixing cos this isnt acceptable in a society that wants to become more prosperous and more progressive

Hopefully these loopholes are blocked once and for all and the case is looked at again
 
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Zaz said:
Whats the right thing? Violence against him? Will that make pakistan a better state?

I agree with you tho This isnt justice In no way someone whos clearly guilty should be released like this The pakistan justice system has massive holes in it and needs fixing cos this isnt acceptable in a society that wants to become more prosperous and more progressive

Hopefully these loopholes are blocked once and for all and the case is looked at again
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Well, I’m sure you’d agree it’s better to have him buried than to have him walking the streets as a free man. He’s a risk to society, if he can kill his own sister then he’s capable of doing more horrendous crimes.

It’s better to get rid of them, it may not stop the violence against women but it’ll mean one less rat to deal with.
 
YousafTheBeast said:
Well, I’m sure you’d agree it’s better to have him buried than to have him walking the streets as a free man. He’s a risk to society, if he can kill his own sister then he’s capable of doing more horrendous crimes.

It’s better to get rid of them, it may not stop the violence against women but it’ll mean one less rat to deal with.
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Vigilante justice isnt a solution Theres alresdy too much unruly mob violence in pakistan where people take the law into their own hands over stupid matters Just like he did and look at the results

Pakistan needs to strive towards becoming a more better and just society Not go backwards

Education of its people is the key Get rid of this primitive mentality and sort out its justice system by assigning appropriate sentences and punishments

Thats the best way to stop this sort of violence Not by committing more violence
 
Zaz said:
Whats your point? She deserved it because it or was asking for it?

Qandeel deserved better justice than this As far as i know the law was amended so killers cannot be pardoned like this by the family

So how the judge has let him off on this i do not know
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I am saying that although honour killings are wrong everywhere why did Qandeel take the risk of posting such pictures and video's online?. She full well knew how closed minded villagers in Pakistan are as well as the incredibly conservative culture of her family. My point is that she simply did it for attention so yes in that sense she deserved it. Do you deserve to get knocked down if you stand in the middle of the road?

If she wanted to post such video's then why did she not immigrate abroad? This is because she knew no one would give her any attention over such so called controversial video's elsewhere.
 
https://www.dawn.com/news/1675940/state-reviewing-legal-options-in-qandeel-baloch-murder-case-says-maleeka-bokhari

Parliamentary Secretary for Law Maleeka Bokhari on Saturday said that the state was "reviewing options" in the light of laws and Supreme Court judgements in the murder case of social media star Qandeel Baloch, whose brother was acquitted by the Lahore High Court (LHC) earlier this week.

Before her murder in 2016, Baloch, 26, became famous for her posts that were deemed suggestive and immoral by many in the country.

Her brother Mohammad Waseem was arrested and later sentenced to life in prison by a trial court for strangling her, brazenly telling the press he had no remorse for the slaying because her behaviour was "intolerable".

In a tweet today, Bokhari said, "The state is undertaking a review of legal options in the Qandeel Baloch case in light of law & SC judgments."

Terming "honour killings" a black mark on society, she said the law had been amended to "ensure murderer of women — whether a celebrity or ordinary woman — does not walk free".

Meanwhile, the National Commission on the Status of Women (NCSW) has also announced plans to appeal the verdict before the Supreme Court on Wednesday.

Sardar Mahboob, Waseem's layer, confirmed to Dawn on Monday that his client had been acquitted after serving less than six years in prison.

He said that the trial court had "wrongly exercised its power" and sentenced Waseem under the Pakistan Penal Code's Section 311, dealing with fasad-fil-arz (mischief on earth), even though he had been pardoned by the deceased's heirs.

Section 311 is usually invoked after a person has been pardoned by the victim/complainant.

Mahboob went on to say that the trial court had convicted Waseem on the basis of his confession. He added that all the prosecution witnesses were police officials which was not admissible under the law.

The case became the most high profile "honour killing" of recent years — where women are dealt lethal punishment by male relatives for purportedly bringing "shame" to the reputation of a family.

Under a recent law change, perpetrators are no longer able to seek forgiveness from the victim's family — sometimes their own family — and to have their sentences commuted.

However, whether or not a murder is defined as a crime of honour is left to the judge's discretion, meaning killers can theoretically claim a different motive and still be pardoned.

In Baloch's case, her parents initially insisted their son would be given no absolution. But they later changed their minds and said they wanted him to be forgiven. But the trial court had disregarded this and went ahead with the sentence.

Three months after Baloch's murder, parliament passed new legislation mandating life imprisonment for honour killings.
 
The state has decided to appeal the decision in the Qandeel Baloch murder case before the Supreme Court, said Parliamentary Secretary for Law Maleeka Bokhari on Saturday.

Referring to the Lahore High Court’s (LHC) acquittal of the prime suspect and brother of Qandeel Baloch in her murder case, the MNA said that the murder of innocent women under “the false pretext of honour” and decisions which “disregard evidence and are premised upon the weak interpretation of the law cannot be allowed”.

Bokari further stated that abolishing the life imprisonment awarded to the suspect would set a “dangerous precedent”.

The minister had previously said the state was “reviewing legal options” in the light of law and apex court judgments in the murder case of social media model Qandeel Baloch.

On February 14, the LHC’s Multan bench cancelled life imprisonment of the accused after witnesses deviated from their statements in the trial court and Qandeel’s mother submitted a reconciliation agreement stipulating parental pardon.

Waseem was accused of strangulating his sister in the name of honour. He was arrested in July 2016 and awarded life imprisonment on September 27, 2019 by a court in Multan. At a news conference in 2016, Waseem had admitted that he strangled his 26-year-old sister due to her social media activities.
 
PakLFC said:
I am saying that although honour killings are wrong everywhere why did Qandeel take the risk of posting such pictures and video's online?. She full well knew how closed minded villagers in Pakistan are as well as the incredibly conservative culture of her family. My point is that she simply did it for attention so yes in that sense she deserved it. Do you deserve to get knocked down if you stand in the middle of the road?

If she wanted to post such video's then why did she not immigrate abroad? This is because she knew no one would give her any attention over such so called controversial video's elsewhere.
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It doesnt justify her death Now that she has been murdered, justice should be served None of this nonsense where a family can forgive the killers They need to get rid of this medieval law which makes a mockery of justice

Im glad the state has appealed the decision
 
Zaz said:
It doesnt justify her death Now that she has been murdered, justice should be served None of this nonsense where a family can forgive the killers They need to get rid of this medieval law which makes a mockery of justice

Im glad the state has appealed the decision
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The question is knowing full well that such things won't be tolerated why did she take the risk of posting such video's? You know the law in Pak is more of a comedy show then justice delivering system. The family most likely did not have any other earner in the family hence had to save their son. Easy to be judgmental when not in such a position.
 
Actor Osman Khalid Butt filed a constitutional petition in the Supreme Court (SC) on Monday, challenging the acquittal of slain social media star Qandeel Baloch's brother in her murder case on grounds that the high court's judgement on the matter was "sketchy, illegal" and in "contravention of the law".

The petition, a copy of which is available with Dawn.com, was moved through Barrister Khadija Siddiqui under Article 184(3) of the Constitution and prayed the apex court to set aside the Lahore High Court's (LHC's) judgement that acquitted Muhammad Waseem of Baloch's murder and restore the trial court's verdict that declared him a convict.

A model court in Multan had convicted Waseem in 2019 and sentenced him to life imprisonment after finding him guilty of killing Baloch, said to have been murdered in the name of honour. He was acquitted by the LHC earlier this month after serving less than six years in prison.

The decision was widely criticised on social media and Parliamentary Secretary for Law and Justice Maleeka Bokhari said around week after the acquittal that the law ministry planned to challenge the verdict.

The petition filed in the SC on Monday stated that the LHC had acquitted Waseem on the basis of a "compromise", after Waseem moved an application against his conviction in the LHC.

Read: Qandeel Baloch's parents announce pardon for sons, urge court to wrap up murder case

The petition contended that the LHC's judgement "allowed the perpetrators of honour killings to avoid punishment by seeking forgiveness" and "essentially endorses such barbarism". Consequently, it argued, "the eternal loophole which assumedly had been rectified by the Criminal Law Amendment (Offences in the Name or Pretext of Honour) Act, 2016, stood nullified in light of the impugned Judgement, thereby enabling regressive interpretation of the law".

"Furthermore, due to acceptance of the aforementioned compromise, no one is in a position to pursue the case on behalf of the deceased and come forth to contest the injudicious acquittal of the accused which disrespects the equal application of the law and undermines the general public’s confidence, faith and trust in our criminal justice system," the petition read.

Outlining various aspects that need to be reviewed in relevance to the case, the petition termed the LHC's judgement "sketchy, illegal, bad in the eyes of law" and "liable to be set aside".

The petition argued that the high court's judge had "failed to properly consider the settled principles with regard to acquittal of the accused", and the court had "arbitrarily and erroneously" accepted Waseem's appeal for his acquittal "without appreciating the material facts of the instant case".

The judgement, it said, was the result of "misreading and non-reading of the material on the file".

"While extending the benefit of the doubt to the accused ... [the court] diminished salient features which make the prosecution case reliable and trustworthy," the petition stated, adding that there was insubstantial use of the sufficient evidence available on record to incriminate the accused.

The plea further contested that the principle of fasad-fil-arz (mischief on earth) — which is covered under Section 311 of the Pakistan Penal Code and under which Waseem was convicted — was applicable to the case as it was a case of honour killing.

Section 311 is usually invoked after a person has been pardoned by the victim/complainant.

Under a recent law change, perpetrators are no longer able to seek forgiveness from the victim's family — sometimes their own family — and to have their sentences commuted.

However, whether or not a murder is defined as a crime of honour is left to the judge's discretion, meaning killers can theoretically claim a different motive and still be pardoned.

"There is no requirement under law to record evidence to ascertain the question of fasad fil arz after waiving or compounding the right of Qisas (retribution), in particular, when Section 311 PPC, unfurls that the facts and circumstances of a particular case warrant the punishment of an offender under Section ibid against whom the right of Qisas has been waived or compounded," the petition said.

It added that despite a "compromise" being reached between the parties, the court "was not to blindly and impulsively act upon said compromise in order to acquit the accused". Rather, the judge "ought to apply his judicial mind to the facts and circumstances of the case and proceed to convict the accused on the principles of fasad fil arz".

The petition argued that the judge "erroneously observed that there must be clear and qualitative evidence in order to prove the question of fasad fil arz because the only prerequisites that need to be fulfilled are the facts and circumstances of a particular case and the same does not require any evidence".

It added that the LHC judge "erroneously deciphered" that reaching a compromise before the framing of charges rendered the provision of Section 311 PPC inapplicable.

The judge, it said, "erred in holding that the offence had been compounded, thus, same entitled the accused to earn his acquittal".

The petition said the judge acted "blindly and impulsively" on the said compromise and the subsequent acquittal of Waseem was a "sheer contravention of the relevant principles of law".

The plea said there was sufficient evidence to secure Waseem's conviction and that the accused had voluntarily confessed to the crime.

It added that the LHC judgement on Waseem's acquittal was based on "misinterpretation and misapplication of law and has caused a serious miscarriage of justice".

The judgement "is pregnant with serious infirmities and flaws ... [as the judge] has acted with impulse", the plea said, adding that if the judgement was not set aside, the appellant would suffer irreparable loss.
 
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