'Honour Killings' in Pakistan and Compliance of ... - Aurat Foundation

Jillani reiterated Justice Abbasi’s earlier judgment, i.e. suspicion is not
sufficient for a successful plea of grave and sudden provocation.
Referring to earlier cases in Pakistani jurisprudence, Justice Jillani quoted
that:
"A mere allegation of moral laxity without any unimpeachable
evidence to substantiate would not constitute grave and sudden
provocation. If such pleas, without any evidence are accepted,
it would give a licence to people to kill innocent people 54 ." '
He also mentioned the judgment of a 2000 55 case which dealt with
killings in the name of honour, where the Supreme Court specifically
noted that:
“Before parting, I may add that by and large all the cases
of grave and sudden provocation would not ipso facto
fall within the purview of section 302(c) particularly those of
Qatl-i-Amd of wife, sister or other very close female
relatives at the hands of males on the allegation of
Siahkari.”
In other cases, the Supreme Court has now set a standard in cases of
murder, if the accused is able to prove that he was “deprived of the
capability of self-control or was swayed away by circumstances
immediately preceding the act of murder or there was an immediate
cause leading to grave provocation” 56 may be allowed a mitigation in his
sentence.
54 Mohib Ali v. The State 1985 SCMR 2055
55 Zahir and another v. The State 2000 SCMR 406
56 Muhammad Zaman v. The State P L D 2009 Supreme Court 49
52