Case of youth killed by Rangers: family can avail various remedies including qisas, diyat: Legal fraternity

In pursuance of legal course, aggrieved family of recently slain 19 years old Sarfraz Shah by Rangers in Karachi could avail different remedies including qisas, diyat and compensation through suit for damages, legal fraternity said while expressing their indignation over the brutal murder.
Criminal as well as Civil law provide options to the legal heirs to avail remedy through qisas or diyat which presently amounts to nearly Rs 2 million whereas suit for damages may be in billion or millions of rupees but subject to the justification of the claim in a suit which is connected to the social status and other essentials related to the deceased for which determination is the sole discretion of the court.
Senior Advocate of Supreme Court of Pakistan Fakhruddin G Ibrahim said it was not an ordinary murder but was a brutal one in which the heirs have complete right to file a civil suit for damages under the Law of Tort. He opined that conviction in the trial court against murderer would provide cause of action to the legal heirs to file a civil suit for compensation.
Former Vice President Supreme Court Bar Association (SCBA) Muhammad Ikram Chaudhry declared the event as barbaric, adding that present regime should protect the lives of common man by following the orders of the apex court, particularly, in case of a youth ruthless murder.
Chaudhry observed that legal heirs of the slain Sarfraz Shah are competent to file a suit for damages after a challan of the case is submitted in the trial court. He added that competent court could award compensation in such cases by determining economic, financial loss and additional losses like mental/physical torture, discomfort caused to aggrieved family.
He further said that court will determine the expected living age of the deceased in the light of his family's genetic inheritance, his income source at the time of death, overall family loss caused due to his death and social status of the deceased's family.
It is an irreparable loss so heirs in such kind of cases could pray for substantial amount through a suit of damages for which grant is subject to justification of the claim, Chaudhry stated. He further stated that suit for damages could be proceeded parallel to the trial of the case in the session court, adding that diyat is another way of compensation provided in the provisions of the law but it is subject to the forgiveness to the convict/s by the legal heirs of the deceased.