FAIZ AHMAD vs THE STATE
The petitioner sought the benefit of section 382-B of the Code of Criminal Procedure 1898 after his death sentence was converted to life imprisonment, contending that the provision is mandatory. The core legal question was whether the High Court could grant the benefit of section 382-B when the sentence had been finalized by the Supreme Court of Pakistan, and whether a petition under section 561-A of the Code of Criminal Procedure 1898 was maintainable in such circumstances. The court held that the petition was not maintainable because altering or granting such relief would interfere with the final judgment of the apex court, and noted that the petitioner's appropriate remedy was to file a review petition before the Supreme Court of Pakistan. The key principle laid down is that the High Court cannot invoke its inherent jurisdiction under section 561-A of the Code of Criminal Procedure 1898 to grant relief regarding a sentence finalized by the Supreme Court, where alternative remedies such as a review petition before the apex court are available.
- Can the High Court grant the benefit of section 382-B of the Code of Criminal Procedure 1898 when the sentence has been finalized by the Supreme Court of Pakistan?
- Is a petition under section 561-A of the Code of Criminal Procedure 1898 maintainable before the High Court when a review petition can be filed before the Supreme Court?
- Does granting the benefit of section 382-B by the High Court tantamount to altering a sentence maintained by the Supreme Court?
- Section 382-B, Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
ORDER
' The Learned Counsel for petitioner submits that the provisions of section 382-B, Cr.P.C. Are mandatory, but the benefit of this section has not been granted to the petitioner by the Court while converting the death sentence into life imprisonment.
2. On the other hand, the learned A.A.-G. Assisted by the learned State counsel submits that the matter had also gone up to the Honourable Supreme Court of Pakistan and no benefit of section 382-B, Cr.P.C. Was granted to the petitioner, even by the apex Court. According to him if this Court grants the benefit of section 382-B ibid, it will tantamount to alter the sentence maintained by the Supreme Court of Pakistan. He has referred the case of Javed Iqbal v. State 1998 SCM R 1539. In this respect. He has further submitted that so far as provisions of section 561-A, Cr.P.C. Is concerned the jurisdiction of this Court under this provision can only be invoked if there is no other remedy available to the petitioner, but in the instant case if the petitioner so wishes can file Review Petition before Honourable Supreme Court, who had finally decided the case. Reliance in this respect has been placed on the case Bashir Ahmad v. Zafar-ul-Islam PLD 2004 SC 298.
3. We have heard the learned counsel for parties and gone through the case-law cited by the learned A.A.-G. We are of the view that the petitioner for the relief prayed may file a Review Petition, if he wishes so, in the Honourable Supreme Court of Pakistan, which has finally decided the matter.
This petition is not maintainable. It is, therefore, dismissed.