Legal Question in Criminal Law in Pakistan
can supreme court reopen the decided case of qatl e bis sabab where the diyat was taken by legal heirs?
1 Answer from Attorneys
There are two ways of paying diyat. One way which is more in practice is that the parties settle things out of court and in the court the complainant compounds the accused. The other way is that the court instructs the accused to pay diyat at the end of trial as a punishment. In both cases the accused is considered a convict.
In my opinion supreme court should not open cases of convicts once they are time barred or decided in appeals. However in the case of nawaz sharif Hijacking case... He was a convict and Supreme court reversed the decision after 9 years. That precident means supreme court can reopen any case any time. For more do consult me at [email protected]
Regards,
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