MUKHTAR AHMAD vs THE STATE
This matter arises from a petition for leave to appeal filed by the petitioner, Mukhtar Ahmad, against the State, challenging his conviction or sentence. The learned counsel for the petitioner contended that the petitioner is not liable to capital punishment because the Walis of the victim, being minor children, are direct descendants of the offender, given that the deceased was the wife of the petitioner. The core legal question for consideration was whether capital punishment can be sustained or executed under such circumstances where the heirs and direct descendants are minors and related in such a manner. The Supreme Court of Pakistan held that the question raised requires detailed consideration. Consequently, the court granted leave to appeal. The key principle laid down is that substantial legal questions regarding the applicability of capital punishment in relation to the status of the victim's heirs as direct descendants warrant a comprehensive review by the apex court upon the grant of leave to appeal.
- Is an offender liable to capital punishment when the Walis of the victim, being minor children, are direct descendants of the offender?
- Does the relationship between the offender and the minor direct descendants of the victim warrant a grant of leave to appeal in a capital punishment case?
ORDER
MIAN SHAKIRULLAH JAN, J.---The learned counsel for the petitioner contends, inter alia, that the petitioner is not liable to capital punishment as the Walis of the victim, who are minor children, are direct descendants of the offender as the deceased was the wife of the offender/petitioner.
2. Question raised needs consideration; therefore, leave to appeal is granted.