General (Retd.) Pervez Musharraf vs Federation of Pakistan and others
This criminal appeal was filed by General (retired) Pervez Musharraf under section 12(3) of the Criminal Law Amendment (Special Courts) Act, 1976 against his conviction by the Special Court dated 17 December 2019. During the pendency of the appeal, the appellant passed away. The core legal questions involved whether the appeal abated upon the death of the appellant under section 431 of the Code of Criminal Procedure, 1898, and the consequential effects on his conviction and the rights of his legal heirs. Despite notices issued to the legal heirs through available addresses and publications in leading newspapers, no legal heirs came forward to contest the appeal or instruct counsel. The Supreme Court held that the appeal stood abated upon the death of the appellant pursuant to section 431 of the Code of Criminal Procedure, 1898, resulting in the dismissal of the appeal and the subsistence of the conviction handed down by the Special Court. The key principle laid down is that a criminal appeal abates upon the death of the convict when legal heirs choose not to contest the proceedings.
- Whether on the death of the appellant the criminal appeal did not abate in terms of section 431 of the Code of Criminal Procedure, 1898?
- What are the consequences on the conviction and rights of legal heirs if an appellant dies during the pendency of an appeal?
- Does an appeal abate under section 431 of the Code of Criminal Procedure, 1898 when the legal heirs of a deceased appellant fail to contest the proceedings?
- Section 12(3), Criminal Law Amendment (Special Courts) Act, 1976
- Section 431, Code of Criminal Procedure, 1898
ORDER
Qazi Faez Isa, CJ. This appeal arrayed General (retired) Pervez Musharraf as the appellant and the Federation of Pakistan, the Special Court and the State as the respondents. The appellant was convicted by the Special Court vide judgment dated 17 December 2019 and the instant appeal was filed on 16 January 2020 under section 12(3) of the Criminal Law Amendment (Special Courts) Act, 1976. Since as per legal requirement, the appellant had not surrendered himself the office of this Court had raised objection to the maintainability of this appeal. However, learned counsel Mr. Salman Safdar contended that the appellant was indisposed and under treatment abroad, therefore, he was not in a position to appear before this Court. Subsequently, the appellant passed away on 5 February 2023, as informed by learned Mr. Safdar, who had sought time to contact the appellant's legal heirs. Time was also granted by this Court on 10 November 2023. Learned Mr. Safdar states that he had sent messages to the legal heirs of the deceased appellant but did not receive any response from them.
2. This Court, though not obliged to do so, but in the interest of justice, had also issued notices to the legal heirs of the appellant on all available addresses and which were provided, both within the country and abroad. Notices were also published in the leading English newspaper 'DAWN' and the leading Urdu newspaper 'JANG'. However, none of the legal heirs have come forward and elected to contest this appeal.
3. On 28 November 2023 the following two questions were also framed: '(1) Whether on the death of the appellant the appeal did not abate in terms of section 431 of the Code of Criminal Procedure, 1898; and
(2) If the conviction of the appellant is upheld, the consequences thereof, including on the rights/benefits of the appellant and his legal heirs.'
4. Learned Mr. Safdar states that the legal heirs did not approach him, let alone engage him, and have also not responded to the notices/publications issued by this Court. He submits that in his opinion the instant appeal abates in terms of section 431 of the Code of Criminal Procedure, 1898.
5. Therefore, in the given circumstances, and as none of the legal heirs have come forward, the instant appeal is dismissed as having abated. Consequently, the conviction of the appellant by the Special Court subsists.
Cited by 1 case
- 2025 PLD 737 2025 PLD 737