Zahid Rehman v. The State

Case summary

The judgment in brief

PLD 2015 SC 77 holds that Qisas and Ta’zir are mutually exclusive regimes. It confines sections 306–308 and section 311 PPC to Qisas cases and explains why compromise in a Ta’zir case must be approached differently.

Question of law

The legal question

Whether sections 306, 307 and 308 PPC, and section 311 PPC, are available in a qatl-i-amd case punishable as Ta’zir, and how waiver or compounding differs between Qisas and Ta’zir.

Holding

What the Court decided

By a three-to-two majority, the Court held that Qisas and Ta’zir are distinct and mutually exclusive regimes. Sections 306–308 PPC apply only within Qisas cases, and section 311 PPC is likewise relevant only after waiver or compounding of the right of Qisas. A Ta’zir case must be dealt with under its own statutory framework, including the separately applicable rules on compromise.

Result

Outcome and directions

The larger Bench resolved the conflicting legal question by a three-to-two majority and directed the office to fix the connected appeals and petition before appropriate Benches for decision on their individual merits.

Practical effect

What the decision means in practice

The larger Bench resolved the conflicting legal question by a three-to-two majority and directed the office to fix the connected appeals and petition before appropriate Benches for decision on their individual merits.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.