Pakistan Penal Code In Urdu ((FREE))

The Qisas and Diyat Ordinance came into existence after the Supreme Court of Pakistan ruled in a series of judgments that Qisas and Diyat were not available as punishment under the Pakistan Penal Code. The Court held that the law of Qisas and Diyat was enacted by the Muhammad Shah Durrani, who took the decision after the Jamaat-i-Ahmadiyya aka Ahmadiyya movement engaged in a war against the Mughal Emperor Jehangir in 1605 AD. The Court rejected the argument that the law was not applicable because the Ahmadiyya’s had no state. The Court held that the Ahmadiyya’s had a state and that they had the right to wage a war against another state, in this case, the Mughal empire. According to the Court, the law of Qisas, Diyat and Dharam (dharma) could be considered as still in force.

In 1993, the Supreme Court ruled that Qisas and Diyat were not available as a legal punishment. The Court held that the Qisas and Diyat punishments were meant for the 'enemy' and not for the 'upholder' of the law. The Court also held that a person who was a follower of the Government of Pakistan and who fought against that government could be subjected to the punishments of Qisas and Diyat.

The Amended Qisas and Diyat Ordinance has come into effect on August 15, 2009. Since then, there have been a large number of arrests of Ahmadis. Qisas and Diyat convictions have also increased dramatically. AI is concerned that Qisas and Diyat is being implemented by the state and not by the court of law. AI also remains concerned over the lack of any trial by a court in cases where Qisas and Diyat are being implemented. We hope that the Supreme Court of Pakistan will intervene in such cases.

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