The Supreme Court has emphasized the need for a gender-sensitive approach when investigating domestic homicides and crimes against women, stressing that the privacy of a matrimonial home should not serve as a refuge for perpetrators to avoid responsibility.

A two-judge bench, consisting of Justice Muhammad Hashim Khan Kakkar and Justice Ishtiaq Ibrahim, made these remarks while rejecting the jail petition of Habib Ullah, who was convicted of killing his wife, Aqeela Bibi, inside their Karachi residence in September 2011. The Court denied leave to appeal and upheld the life sentence imposed under Section 302(b) of the Pakistan Penal Code, along with an order for Rs500,000 compensation to the deceased’s legal heirs.

In the judgment authored by Justice Kakkar, the Court described domestic violence, including spousal murder within the matrimonial home, as a “crime of difficult proof.” It noted that although Pakistani law does not automatically presume a husband’s guilt in such cases, Article 122 of the Qanun-e-Shahadat Order requires the person with special knowledge of facts to provide an explanation. When a wife dies unnaturally inside the matrimonial home and the prosecution establishes basic circumstances implicating the husband, his inability to offer a credible explanation can serve as a crucial link in circumstantial evidence.

However, the bench underscored that the presumption of innocence and other legal protections for the accused must remain intact. The petitioner had absconded for nearly seven years before the case was addressed.

The Court also expressed serious concern over the police investigation, highlighting that although a blood-stained hammer and bedsheet were recovered by the investigating officer, these key pieces of evidence were not presented during the trial. Labeling this a “serious lapse,” the bench pointed out that domestic homicide cases are inherently challenging to prove, and negligent investigations only hinder the pursuit of justice.

In a significant development, the Supreme Court directed provincial governments to ensure proper training for police officers to recognize and overcome gender and patriarchal biases. Law enforcement agencies must implement genuinely gender-sensitive investigative methods, meticulously identify and preserve evidence, and hold officers accountable for negligence or a careless approach during investigations.