Supreme Court upholds life sentence for Nazaha
The case was subsequently reviewed by the High Court in 2015, which upheld the Criminal Court’s verdict.
The Supreme Court on Thursday upheld the life sentence imposed on Mariyam Nazaha for the 2010 murder of her husband, Hassan Shahid.
Shahid died while undergoing treatment for stab wounds to his back in 2010.
The prosecution charged Nazaha with intentional homicide, and in 2011, she was sentenced to 25 years in prison after confessing to the crime. She stated that she had acted in self-defence due to domestic violence. Shahid’s family did not request the death penalty.
The case was subsequently reviewed by the High Court in 2015, which upheld the Criminal Court’s verdict.
In 2021, Nazaha’s lawyer filed an appeal with the Supreme Court, requesting that she be considered adequately punished and acquitted. The hearings concluded on 21 September 2022.
A five-judge bench at the Supreme Court ruled by majority that the lower courts had correctly convicted Nazaha and that subsequent legal amendments did not provide grounds for sentence reduction.
Chief Justice Ahmed Muthasim Adnan stated that Nazaha had claimed self-defence or a state of insanity but had not provided evidence to support this. He further noted that under Islamic law, even in extreme circumstances, intentional killing is not permissible.
Justice Dr Azmiralda Zahir, supporting the ruling, stated that self-defence applies only at the moment of an attack. She observed that Shahid was stabbed hours after the alleged incident, and there was no evidence presented regarding Nazaha’s mental state at the time. Justice Ali Rasheed concurred with this opinion.
Dissenting Justice Aisha Shujoon Mohamed noted that Nazaha had been subjected to repeated domestic violence and argued that her actions were not carried out with intent to kill.
With the majority ruling, the Supreme Court has upheld the original conviction and sentence imposed by the Criminal Court and affirmed by the High Court.
