IRFAN KHALID vs THE STATE
The petitioner, a convict serving a sentence for an offence under section 308 of the Pakistan Penal Code 1860, sought release from jail on the grounds that he had completed his substantive sentence of imprisonment and had been detained for over six months solely due to the non-payment of Diyat. The core legal question was whether a convict can be indefinitely detained in jail for non-payment of Diyat after completing the substantive term of imprisonment. Relying on the precedent established in Abid Hussain v. Chairman, Pakistan Bait-ul-Mal (PLD 2002 Lahore 482), the Court held that a convict cannot be detained for more than six months for non-payment of Diyat after serving the full sentence. The Court allowed the petition, ordering the petitioner's release, while clarifying that the liability to pay Diyat remains intact. The key principle laid down is that the recovery of Diyat, following the expiration of the six-month detention period, must be pursued through the recovery of arrears of land revenue as contemplated under the Code of Criminal Procedure 1898, rather than continued incarceration.
- Can a convict be detained in jail indefinitely for non-payment of Diyat after serving their substantive sentence?
- What is the maximum period a convict can be detained for non-payment of Diyat after completing their sentence?
- How should Diyat be recovered if a convict has completed their substantive sentence and the six-month detention period for non-payment?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 544-A, Code of Criminal Procedure 1898
' Irfan Khalid petitioner is a convict in case F.I.R. No.328 of 1997 registered at Police Station Saddar, Daska, District Sialkot for offences under sections 148/302/149/109, P.P.C. He was convicted for an offence under section 308, P.P.C. Vide judgment dated 9-10-2000 rendered by the learned Sessions Judge, Sialkot and was sentenced to rigorous imprisonment for fourteen years and to pay a sum of Rs.2,70,000 to the heirs of Muhammad Sharif deceased as Diyat. The benefit under section 382-B, Cr.P.C. Was extended to the petitioner. On 5-4-2002 Criminal Appeal No.1648 of 2000 preferred by the petitioner before this Court in that regard had been dismissed and subsequently on 7-5-2002 Jail Petition No.176 of 2002 filed by the petitioner before the Hon'ble Supreme Court of Pakistan was also dismissed. The petitioner has now approached this Court for his release from the jail on the ground that he has already served out his entire sentence of imprisonment and has already spent more than six months in jail on account of nonpayment of Diyat.
2. During the pendency of this petition a report had been called for by this Court from the Superintendent, District Jail, Sialkot and the report so submitted shows that the petitioner had served out his entire sentence of imprisonment on 10-6-2003 and he is being detained in jail eversince only on account of non-payment of Diyat. It has already been held by this Court in the case of Abid Hussain and another v. Chairman, Pakistan Bait-ul-Mal and others (PLD 2002 Lahore 482) that a convict, after serving out his entire sentence of imprisonment cannot be detained in jail for more than six months on account of non-payment of Diyat. According to the learned Assistant Advocate-General the operation of the said judgment passed by this Court has not so far been suspended by the Hon'ble Supreme Court of Pakistan which is already seized of an appeal against that judgment. In this view of the matter this petition is allowed and the Superintendent, District Jail, Sialkot is directed to release the petitioner from the jail forthwith if he is not required to be detained in connection with any other case. It may, however, be clarified that the petitioner's liability to pay Diyat shall remain intact and the relevant amount of Diyat can now be recovered from the petitioner in the manner provided for recovery of arrears of land revenue, as contemplated by the provisions of section 544-A, Cr.P.C. This petition is disposed of in these terms.