June 24, 2026
By Hafiz Ullah Storai Sherani
ISLAMABAD:
The Pakistan Psychiatric Society (PPS) has approached the Supreme Court of Pakistan against the Federal Shariat Court’s decision to re-criminalize attempted suicide. According to the copy of the petition and court documents obtained by VoicePk, this appeal has been filed before the Shariat Appellate Bench of the Supreme Court under a Civil Petition for Leave to Appeal.
On May 18, 2026, the Federal Shariat Court issued its verdict on a Shariat petition, striking down the Criminal Laws (Amendment) Act 2022 passed by the Parliament. Consequently, the colonial-era Section 325 of the Pakistan Penal Code (PPC) was restored, reinstating a punishment of up to one year of imprisonment or a fine for anyone surviving a suicide attempt. Barrister Muhammad Mumtaz Ali, Advocate Supreme Court and counsel for the petitioner, highlighted colonial-era laws, contradictions within the judicial verdict, and the evolution of medical science.
Barrister Muhammad Mumtaz Ali stated:
“The Pakistan Psychiatric Society is deeply sensitive to the health of individuals suffering from various mental health issues, illnesses, and depression, which lead them to attempt suicide. Section 325 of the PPC is a colonial law enacted around 1860. However, with advancements in psychology and psychiatry, many countries around us, including India, realized this and decriminalized it.”
Discussing the complications and public distress caused by enforcing this punishment, Barrister Muhammad Mumtaz Ali added:
“The approach should be to provide treatment, but here, the police register a case, and the individual gets entangled in the prosecution and court system. The person is already facing social stigma and immense problems, and police and court involvement worsens their condition and mental health; due to this fear, people do not even report it. According to the reasoning given by the Federal Shariat Court itself, lower-middle-class individuals facing financial, mental, and social difficulties resort to this. Handing such people over to the police only worsens their plight.”
Commenting on the social crisis and fear of hospitals stemming from this obsolete legal framework, prominent women’s rights leader Dr. Farzana Bari spoke to VoicePk, emphasizing the responsibilities of the state and society.
Dr. Farzana Bari stated:
“It is the responsibility of the state and society to protect its people from reaching such a breaking point so that no one feels the need to attempt suicide. However, if someone still makes such an attempt, it remains the responsibility of the state and society to identify the causes, alleviate their hardships, and provide medical aid, rather than further entangling them in legal matters.”
According to the documents available with VoicePk, the petition filed before the Supreme Court raises the following fundamental legal and Sharia grounds:
According to the text of the petition, while suicide is a grave sin and forbidden (Haram) in Islam, neither the Holy Quran, the Ahadith, nor any jurisprudential consensus (Ijma) prescribes a specific worldly penal punishment for a failed suicide attempt.
Abolishing a punishment under the domain of Ta’zir for public interest falls strictly within the constitutional mandate of the Parliament. Citing the Supreme Court’s landmark judgment ‘Hakim Khan v. Government of Pakistan (PLD 1992 SC 595)’, the petition argues that this matter falls under ‘Masalah-e-Aama’ (public interest) and ‘Siyasat-e-Sharia’ (state policy), leaving the Shariat Court with no jurisdiction to intervene under Article 203D.
The core philosophy of Islam is rooted in mercy, ease, and the preservation of human life, which allows the legislature to prioritize treatment, counseling, and rehabilitation over penal punishment.
The petition maintains that while deciding on such a complex, technical, and public health-related matter, the Federal Shariat Court failed to implead or hear the stance of the country’s premier apex body in this field (PPS).
In the conclusion of the documents, the Pakistan Psychiatric Society has prayed to the Shariat Appellate Bench of the Supreme Court to suspend and set aside the Federal Shariat Court’s decision dated May 18, 2026, so that citizens suffering from acute mental distress can be provided healthcare facilities instead of being criminalized.