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

meditation falling under the definition of cold-blooded murder. It is a
case where human frailty governs consciousness and impulse dominates.
We, therefore, agree with the learned counsel that although this was a
double murder case...” 68 .
This case in essence, removes the concept of ‘pre-meditation’, stating if
there as is provocation, there is no pre-meditation.
In a 2007 case, the term masoom-ud-dam is shown to be still in existence
and the social set-up and customs are given prevalence. The court stated
that while “human life was very sacred, but at the same time prevalent
social set up, traditions and customs prevailing in the society could not be
ignored where men would sacrifice their lives to safeguard the honour of
their womenfolk, which was not considered a big sacrifice in any
manner” and that “No religion allowed widespread immorality to destroy
the fabric of a family life” 69 .
The safeguards attempted to put in place by the Supreme Court, which
stated that mere suspicion is not an acceptable reason for a plea of
provocation and mitigation of sentence are clearly not followed by the
LHC.
In a 2006 case, where a man was killed on the suspicion of being the
paramour of the murderer’s wife, the court stated that, “Family honour
killings were to be discouraged, but it did not mean that the benefits of
mitigation were not to be given at all to the accused in whose house
someone had trespassed and invaded privacy to fulfil his lust 70 ”.
68 Sarfraz v. The State, 2008 YLR 969, Lahore
69 Sabir Hussain alias Pehlwan v. The State, 2007 PCRLJ 1159
70 Zulfiqar Ali v. The State, 2006 MLD 1676
58