- The juxtaposition reading of sections 302 & 304 P.C, Proviso III of Articles 3 and 17 of Qanoon-e-Shahadat order 1984 and section 26 of I.P.L. Act, 1974 follows that purgation of witnesses in all cases of Hadood and Qisas is mandatory — The Court can arrive to a conclusion as to the quantum of sentence to be passed against the accused in a case of Qatl-i-amd only after putting the prosecution witnesses to the test of Tazkia, not before that — Any adverse opinion regarding the requirement of purgation in a case of qatl-i-amd in which more than two major male Muslim persons are witnesses, in a prejudgment, and failure to conduct the purgation is a violation. Hakam Deen v. State & 16 others 2005 SCR 314 (X)
- Right from late seventies, when I.P.L. Act, came into force in AJK, the Courts in AJK have unfailingly held that Tazkia in all cases of Hadood and Qisas has to be held after evidence is closed and before the judgment. Hakam Deen v. State & 16 others 2005 SCR 314 (Y) PLD 1979 SC (AJK) 78, PLD 1984 SC (AJK) 1, PLD 1988 SC (AJK) 134, PLD 1988 SC (AJK) 190 rel.
- S. 26 — A question may arise that the offence of Qisas has not remained on Statute Book of Islamic Penal Laws Act, 1974 — Hence, the provision of Tazkia u/s 26 has become redundant — It would suffice to say that Articles 3 and 17 of Qanoon-e-Shahadat order 1984 and section 304 of P.C in fact are almost similar as section 26 of I.P.L — This section derives its force from Quran and Hadith. As long as sentence of Qisas remains on Statute Book, the Tazkia of witnesses has to be there. Hakam Deen v. State & 16 others 2005 SCR 314 (AA)
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