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A divided Senate on Wednesday failed to reach a consensus on making amendment to Section 364A of Pakistan Penal Code (PPC) for public hanging of those found guilty of raping or murdering children. After Kasur incident wherein a seven-year-old girl Zainab was brutally raped and killed by a serial killer psychopath, Senator Rehman Malik who heads Senate Standing Committee on Interior had proposed a quick amendment to Section 364A of PPC so that the killer could be hanged publicly.
After the senators could not reach an agreement over the proposed amendment, Chairman Senate Raza Rabbani referred the matter to Senate Committee on Law and Justice, and directed it to report back to the House during its session. He observed that it is necessary to amend the law in presence of Rule 354, adding the issue is of serious nature and therefore it is referred to the law and justice committee, where committees on interior and human rights will be invited to give final recommendation on the issue.
Senator Rehman Malik of Pakistan Peoples Party (PPP) proposed the government to immediately move a bill to amend Section 364A of Pakistan Penal Code (PPC) to include the term 'public hanging'. "If we bring in a private bill, it will be too late as next private members' day will be Monday next, therefore I request the government to move a motion so that the killer of Zainab could be hanged publicly," he added.
However, Senator Hasil Bizenjo of National Party, who is also Minister for Ports and Shipping, opposed the move tooth and nail, followed by Senator Farhatullah Babar who also rejected such an amendment. Bizenjo said that public lashing of General Ziaul Haq era must not be repeated, as there is already a law in place through which a convict can be hanged to death.
"We had had enough during Ziaul Haq regime of these public lashings. There already exists a law, so let the law prevail, and making amendments driven by emotions and sentiments would not serve any purpose; it was just an incident and such incidents often occur," he added. Senator Farhatullah Babar also did not agree with the proposed amendment, saying crime and deterrence had no relations. "You can not eradicate crime through such laws, and mere amendment to the law will not throwback to Zia era," he added.
Babar proposed if public hanging of Zainab's killer is that necessary, changes can be made in jail manuals, through which the authorities can order the convict's execution anywhere. "I would suggest changes in jail manuals instead of amending the law, as any attempt to change the law for a single case will certainly brutalize the society," he added. Barrister Muhammad Ali Saif of Muttahida Qaumi Movement (MQM) said if public hanging could have been a remedy, the execution by the Taliban could have put the whole society on right track.
At the same time, he proposed if public hanging of the killer is necessary, the issue should be referred to a trial court, as it has all the powers to decide his fate. Female Senators Sitara Ayaz of Awami National Party, Seher Kamran of PPP and Khushbakht Shujaat of MQM-P - all belonging to secular political parties - also endorsed public hanging for the killer of Zainab.
"Though we don't support capital punishment, in this particular case we have no option except supporting and advocating public hanging of the beast who killed innocent Zainab," said senator Seher. Senator Azam Khan Swati of Pakistan Tehreek-e-Insaf (PTI) said that no less than public hanging for the killer is acceptable because the way an innocent girl was killed is gruesome and intolerable.
Senators Hafiz Hamdullah of JUI-F, Jamaldini of NP-Mengal, Kamil Ali Agha and Saeedul Hassan Mandokhel of PML-Q, and Shahi Syed and Ilyas Bilour of ANP also supported the proposed amendment, saying even a harsher law should be enacted to deal with such criminals. Senator Saud Aziz of ruling PML-N said that Islam should not be linked to Ziaul Haq while seeking guidance from Islamic jurisprudence, adding whether changes are made in jail manual or an amendment is done, the beast who killed an innocent girl should be stoned to death.

Copyright Business Recorder, 2018

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