Murder case

  1. Every case of murder is a case, be it the new or old — Any direction, guidance or understanding for disposal of the murder case within forty days, which if at all allowed, appeals to every case — Trial Court appears having misunderstood the direction or policy if any — It is not just and reasonable to believe that fresh filed murder cases should be decided within forty days and rest be left to their destiny — Policy of judiciary throughout the world is that the cases are placed for hearing in order of their date of institution — Older cases ordinarily rank first followed up by cases filed thereafter — It should not be like that as said: ‘‘Haste makes waste’’. Hakam Deen v. State & 16 others 2005 SCR 314 (DD)
  2. In cases of Qisas, Diyyat and Tazir, the Courts are also to keep in mind that heirs of deceased or injured person are competent to forgive, compromise or compound the case or seek Diyyat — Unwarranted haste, without giving the aggrieved person a chance to think about forgiving the accused as Allah ordains, may at times militate against the above mandate of Almighty Allah. Hakam Deen v. State & 16 others 2005 SCR 314 (EE)
  3. Justice is a divine duty and divinity demands clemency, forbearance, patience, humanity, magnanimity, temperateness, modesty, benevolence — This duty has to be pursued with preseverance and dignity — An accused is to be tried and prosecuted with due process of law not persecuted with vindictiveness. Hakam Deen v. State & 16 others 2005 SCR 314 (FF)
  4. The Court directed as follows for observance by all the Courts in AJ&K that:-The cases shall be taken up for trial, hearing and decision in order of pendency, however, if it is otherwise inevitable, reasons shall be recorded for it — Trial in criminal cases shall be completed within reasonable time by strictly following the procedure laid down in chapter XX & XXII-A of the Code of Criminal Procedure, as the case may be, irrespective of any direction otherwise — Witnesses in criminal cases shall be called after the accused is charge sheeted and trial shall continue till the entire evidences recorded, unless reasonable circumstances duly recorded otherwise warrant — In the cases of Qisas, Diyyat or Tazir, if the parties seek adjournment for negotiating compromise, Court shall allow reasonable time for it, failing which trial shall be concluded and case decided within a reasonable time from the date of conclusion of trial; and — The trial for the purpose of this order shall be deemed to have commenced from the date when the trial starts after taking cognizance. Hakam Deen v. State & 16 others 2005 SCR 314 (GG)
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