LAHORE -  If you are well-off, you can skip punishment even in murder cases but in case you are poor then your jail time is not over even if you have completed your term.

At least 132 people belonging to poor families are rotting in Punjab’s jails even after the completion of their prison term. Their families are unable to pay the fine amount, Diyat, or other compensation. Dozens of prisoners are in jails only for a few thousand rupees.

On the other hand, five well-off suspects arrested last year in connection with the murder of stage actress Qismat Baig were released last week as the witnesses refused to testify them. The witnesses also stated before a judge that the court might order release of the suspects. In the light of the statements, the court ordered the release of Rana Muzamil, Abid Azam, Habib, Abdul Rehman, and Rizwan.

Hina Baig alias Qismat Baig was shot dead in a residential locality in Harbanspura police area on Nov 23. The stage actress was shot in the legs and chest by more than five gunmen. She breathed her last at the Services Hospital after 18 hour-battle for life.

In December, Lahore police arrested three ‘hit-men’ who had allegedly murdered actor Baig at the instigation of her promoter Rana Muzamil. A senior police told reporters that her promoter Rana Muzamil had confessed to getting her killed by Rizwan, Abdul Rehman and Azam. The suspects were arrested from Gujranwala.

The officer further stated that Muzamil had turned against her when Qismat refused to perform in his drama and also refused to return the money. Another investigator had claimed that Muzamil went to Dubai to hire the killers.

Investigators and legal experts say the murderers belonging to rich families often prefer “out of court” settlements. They use multiple resources to force the poor victims to withdraw cases against them.

“They offer huge money to the complainants while sometime they hurl threats (at victims). In a few cases, they even kill people for pursuing murder or other criminal cases,” said a leading lawyer who spoke to The Nation on the condition of anonymity.

“I personally know a young industrialist who killed three women including a dancer in Faisalabad city several years ago. He was released after his family paid a few million rupees to the family of the victims. That was also out of court settlement,” he added.

According to the Punjab prisons department, at least 76 people have been imprisoned in different jails of Punjab at present in lieu of Diyat, Arsh, or Daman. They have completed their jails terms in different criminal cases including murder, attempted murder, or qatl-bis-sabab.

Similarly, some 56 people are being confined in different prisons of the province in lieu of the fine amount, though they have already completed their jail term. Official sources revealed that 56 men were imprisoned against the fine amount totalling Rs4.2 million, while 76 others were jailed against less than Rs10 million Diyat, or other compensation.

A Christian man, Javed Qadar, who lives in Lahore’s Central Jail, is among them. He was arrested in an attempted murder case registered with the Race Course police station in 2010. Since January 7, this man is confined in lieu of the fine amount less than Rs200,000.

Another one is 27-year-old Muhammad Javed, who is confined in district jail Kasur. Javed was arrested in a case registered with Sadar Phool Nagar police station under section 322 of the PPC in 2007. His family is unable to pay over Rs1.1 million Diyat and he could not be released unless the amount is paid.

The Section-322 provides that whoever commits Qatl-i-Bis-Sabab shall be liable to Diyat only. According to the law of Qatl-bis-sabab, “Whoever, without any intention, cause death of, or cause harm to, any person does any unlawful act which becomes a cause for the death of another person, is said to commit qatl-bis-sabab.”

(Illustration: A unlawfully digs a pit in the thoroughfare, but without any intention to cause death of, or harm to, any person, B while passing from there falls in it and is killed. A has committed qatl-bis-sabab)

Diyat, Daman, and Arsh are also explained in the laws.

Diyat means the compensation specified in S. 323 payable to the heir of the victim.

According to S. 299-D, Daman means the compensation determined by the court to be paid by the offender to the victim of causing hurt not liable to Arsh. Daman is ordered for injuries where punishment of Arsh is not available.

Arsh: Pakistan Penal Code specifically prescribes the amount of money, which is to be paid by the offender to the victim or to his heirs as compensation in certain cases this specified compensation is known as Arsh.

A 27-year-old prisoner, Dilawar, has been rotting in central jail Multan since March 14 in lieu of Rs 50,000 Daman. The Saddar Dunyapur police had filed a case against him in 2013 under section 452 and 337-F3.

Yaseen, a 32-year-old resident of Pakpattan, will remain confined for another three months in district jail Pakpattan since his family is unable to pay Rs664,690 Daman. He had been sentenced to 7 years and fine Rs40,000 or three months plus Diyat Rs 641,280 and Daman Rs 10,000.

Muhammad Nadeem alias Billa will undergo another two-year prison term at Lahore’s central jail since his family is unable to pay Rs400,000 fine. He had been sentenced to imprisonment for life in a narcotics case registered with Lahore anti-narcotics force in 2002.

 

 

ASHRAF JAVED