Shahrukh Jatoi’s release from jail serves as a sad reminder of the fact there is one law for the rich and another for the poor in Pakistan. Jatoi and the two co-accused convicted of killing 20-year-old Shahzeb Khanzada in 2012 were released on Saturday after their bail applications were approved by a court. Shahzeb Khan’s father had reportedly requested the court to release the two men and drop murder charges against them arguing that his family had pardoned the accused.

While there has been outrage over the way Jatoi was able to get away with murder using influence, the role played by the Qisas and Diyat laws in the case, which made it possible for the accused to walk as free men, has largely being ignored. Shahzeb Khan’s father had pardoned his son’s murderers in September this year ‘in the name of Allah’ after which the Sindh High Court (SHC) revoked the punishments previously awarded..Shahzeb’s mother had also stated that they took the decision keeping in mind the circumstances and that the family could not spend their entire lives in fear. It is clear that the victim’s family was under pressure to pardon the accused. Although this has been denied by the family, it is clear that a deal was perhaps the only way out for the victim’s family and they ended up pardoning their son’s murderers. The Qisas and Diyat laws have long been used by the rich and influential people to get away with the most heinous of crimes. While condemning the abuse of power by the powerful is important, it is equally vital to revisit the Qisas and Diyat laws to stop their misuse.

Putting murder cases under the category of terrorism in a bid to bar the victims’ families from pardoning the accused is not the solution. The legal provisions that give the heirs of the victims such authority in the first place need to be revisited if we don’t want perpetrators to get away with murder. Moreover, steps need to be taken to end impunity enjoyed by influential segments, which has claimed several lives over the years.

The judges have been speaking a lot about their crucial role in the society. It is time they took a closer look at what the courts end up doing: reinforcing class structures and enabling frequent miscarriage of justice. *

Published in Daily Times, December 25th 2017.