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Supreme Court Calls Violence Over Khula an ‘Attack on the Constitution’

ISLAMABAD: The Supreme Court has declared violence against a woman for exercising her legal right to khula an “attack on the Constitution”, stressing that the law will deal firmly with those who target women seeking dissolution of marriage.

The remarks came in a detailed four-page judgment authored by Justice Muhammad Hashim Khan Kakar. The apex court dismissed the jail petition of convict Waseem Abbas and upheld his death sentence for murdering his former wife, Shehnaz Bibi.

The Supreme Court held that a woman’s right to seek khula constitutes a constitutional right. It noted that Articles 9, 14 and 25 of the Constitution guarantee women protection, dignity and equal rights.

The court said killing a woman because she exercised a lawful right represents open defiance of the law and an act of brutality. It added that a person who commits such a cold-blooded and planned murder does not deserve any concession.

According to the judgment, Shehnaz Bibi had obtained a legal decree of khula from the Family Court. Just 48 hours later, Waseem Abbas allegedly entered her home with a weapon and opened fire following a matrimonial dispute.

The court noted that the accused fired six shots. The bullets struck Shehnaz Bibi in the abdomen, hand and back, causing her death. The incident occurred on October 11, 2020.

The judgment also examined evidence in crimes committed inside homes. The Supreme Court said courts cannot reject relatives’ testimony simply because they have a family relationship with the victim.

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The court stressed that domestic crimes often occur in private settings, making the evidence of family members particularly important when assessed alongside other evidence.

Forensic evidence also played a key role in the case. The court noted that experts matched spent bullet casings recovered from the crime scene with the pistol linked to the offence.

The Supreme Court described the forensic connection as decisive evidence establishing the weapon’s link to the murder.

A trial court had sentenced Waseem Abbas to death and awarded him 10 years in prison. The Lahore High Court later upheld both the conviction and sentence.

After reviewing the case, the Supreme Court found no legal defect in the concurrent findings of the lower courts. It therefore dismissed the convict’s jail petition.

The court’s decision leaves the death sentence in force and sends a strong message that violence against women exercising their legal rights will face the full force of the law.

The judgment also reinforces constitutional protections for women and highlights the judiciary’s approach to cases involving domestic violence and disputes over marital rights.

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