Purgation (Tazkia)

The juxta-position reading of sections 302 and 304 of Penal Code, proviso III of Articles 3 and 17 of Qanoon-e-Shadat Order, 1984 and section 26 of Islamic Penal Laws Act, 1974, shows that purgation of witnesses in all cases of Hadood and Qisas is mandatory — Court can arrive to a conclusion as to the quantum of sentence to be passed against the accused — Only after putting the prosecution witnesses to the test of “Tazkia”, not before that— Failure to conduct the purgation is a violation — The Courts in Azad Jammu and Kashmir have unfailingly held that Tazkia in all the cases of Hadood and Qisas has to be held after the evidence is closed and before judgment. Hakam Deen v. State and 15 others 2006 SCR 120 (V) PLD 1979 SC (AJ&K) 78, PLD 1984 SC (AJ&K) 1, PLD 1988 SC (AJ&K) 134, PLD 1988 SC (AJ&K) 190, PLD 1989 SC (AJ&K) 5 and 1995 P.Cr.L.J. 789 rel.
Articles 2 and 17 of Qanoon Shadat Order, 1984 and section 304 of Penal Code are almost similar as section 26 of Islamic Penal Laws Act, 1974 — This section derives its force from Quran and Hadith — Hence the mandatory nature of the section is not vanished simply for the reason that offence of Qisas is no more on statute book of Islamic penal Laws Act — As long as sentence of Qisas remains on statute book, the Tazkia of witness has to be there. Hakam Deen v. State and 15 others 2006 SCR 120 (X)