Shafqat @ Shafaat vs. The State , PL J 2019 SC (Cr.C.) 323 (Pakistan)

The case involved a conviction of murder as ta'zir (the punishment is within the discretion of the State or judge), for which the petitioner was sentenced to life imprisonment. Two years later, an application was made, stating that a compromise has been effected and the legal heirs of the deceased have forgiven the convict in the name of Allah, which compromise has been verified and accepted by the court. The issue was thus raised whether the conviction should be set aside or if the accused should just be saved from punishment. The court explained that forgiveness or pardon does not erase or obliterate the crime. It cites the Qur'an, which states that even if an offense has been forgiven, its repetition attracts punishment. Thus, the record of the offense remains intact and not obliterated. However, if the conviction is set aside and there is an acquitted, it means that he/she did not commit the crime, which creates a factual fiction and entitles him/her to its repercussions (i.e., negating the need to disclose the conviction in seeking employment where moral integrity is required, negating provisions of the penal code or code of criminal procedure on previous convictions and conduct). In this particular case, the decision held that a larger bench of the Supreme Court would be constituted to determine whether the convict has also to be acquitted as a consequence of accepting the compromise.