Death compensation

2018 PLC(CS) 831 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Rr.6 & 12Punjab Civil Services (Pension) Rules, 1995, R.4(10)Death compensationEntitlement of parentsPetitioner being father of Shaheed police constable had claimed legal share from the compensation given to the widowValidityHeld, only widow and children of the Shaheed were entitled to financial assistanceSuch compensation was to be paid not as a diyat money but as a direct consequence of Shahadat

Constitutional petition was dismissed in circumstances.

2013 PLD 1 PESHAWAR-HIGH-COURT Judicial Precedent

Art. 199Constitutional petitionDeath compensationUniform Compensation PackageEntitlement of parentsPetitioners were parents of a police official who met Shahadat during firing by terrorists on police party

Grievance of petitioners was that Uniform Compensation Package was given to widow of their son and they had been deprived of the same

Validity

Uniform Compensation Package was death compensation allowance given by Government to those who embraced Shahadat and sacrificed their lives for security / cause of nation and homeland

Such compensation could come within the definition of Diyat amount payable in normal murder case and was covered in the definition of Tarka

After Shahadat of a police official, his legacy had to be devolved amongst the Quranic legal heirs

Principle regarding inheritance of Islamic Law would and should be applicable instead of any rule or notification

The Holy Quran is a complete code of life and verdicts in the Holy Quran and sayings of Holy Prophet Muhammad (P.B.U.H.) are the supreme law for Muslim Ummah

No preference could be given to rules / orders / notifications against the supreme law laid down by Allah in the Holy Quran and Holy Prophet Muhammad (P.B.U.H.)

High Court directed competent authority to distribute shares amongst legal heirs of deceased in accordance with Sharia

Petition was allowed accordingly.