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Hussain Waheed’s murder: Culprit escapes death penalty after mother’s forgiveness

Supreme Court. (Sun Photo/Fayaz Moosa)

The culprit in the 2013 murder of Hussain Waheed has escaped the death penalty following the victim’s mother’s forgiveness.

Hussain Waheed, M. Aisha, was attacked with a sharp-edged weapon on the night of December 24, 2013. He succumbed to his injuries while being treated at the hospital at approximately 23:10pm on the same night.

Two minors were sentenced to death in connection to the murder, of which only one appealed the sentence with the Supreme Court. Both their identities were concealed under the Juvenile Justice Act as they were minors at the time the crime was committed.

During the Juvenile Court proceedings, Hussain Waheed’s inheritors demanded the death penalty for the minors.

The death penalty for the minor who appealed their sentence was upheld by the High Court. However, Hussain Waheed’s mother sent a letter to the chief justice on September 22, 2022, informing that her mind had changed about the death penalty since the Juvenile Court proceedings and in this trajectory, she no longer wanted the death penalty.

In her letter, she noted that she had forgiven the minor following an apology.

As per the Islamic Shariah, the death penalty cannot be enforced even if a single inheritor is against it.

Subsequently, Supreme Court, which reviewed the minor’s appeal based on the mother’s letter, has ruled to transfer the case back to the Juvenile Court which will now be tasked with setting forth a new punishment for the minor.

The ruling was reached by the unanimous consensus of all five justices who reviewed the case; Justice Mahaz Ali Zahir, Justice Aisha Shujoon Mohamed, Justice Husnu al Suood, Justice Ali Rasheed and Justice Dr. Mohamed Ibrahim. 

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