PIRAN DITTA ALIAS PEERO Versus STATE
This matter concerns a post-judgment application for the correction of a clerical error and directions regarding the management of compensation funds in a criminal case. Following a conviction for murder and attempted murder, the Supreme Court had previously reduced the death sentence of the accused to life imprisonment based on a compromise, which included a financial undertaking by a third party, Ghulam Hussain, to pay monthly maintenance to the victim's daughter, Mst. Shamim Akhtar. The core legal questions were whether a clerical error in the victim's name in the court's judgment could be rectified and how to ensure the security of the compensation funds for the minor victim, who suffers from a disability. The Court held that the clerical error regarding the victim's name, erroneously recorded as Mst. Nasim Fatima, should be corrected to Mst. Shamim Akhtar. Furthermore, to protect the victim's interests, the Court directed the State Bank of Pakistan to deposit the compensation funds into an interest-bearing account, payable only upon the victim's marriage or upon her attaining the age of eighteen years, whichever occurs later.
- Can a clerical error in the name of a party or victim in a judgment be corrected by the court?
- What measures can the court order to ensure compensation funds for a minor victim with disabilities are preserved?
- Under what conditions should compensation funds held by an employer be released to a minor victim?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
SAAD SAOOD JAN, J.-- On 20-4-76 the mother of Mst. Shamim Akhtar was killed and the father was wounded. Consequent upon this incident, five persons were tried on charges under sections 302 and 307, read with sections 149, and 148 of the Pakistan Penal Code. One of them, namely Piran Ditta was sentenced to death and the other four were sentenced to imprisonment for life in addition to other sentences of imprisonment and fines. When the matter came to this Court, the parties entered into a compromise. In view of the compromise the sentence of Piran Ditta was also reduced to imprisonment for life: According to the terms of the compromise, Ghulam Hussain, an employee of the State Bank of Pakistan, undertook to pay Rs.500 per month to Mst. Shamim Akhtar till she attained the age of eighteen years.
2: In accordance with a direction given by this Court, the State Bank has been making deductions from the pay of Ghulam Hussain of the said amount since July, 1985. It may be mentioned that Mst. Shamim Akhtar is deaf and dumb.
3. It has been brought to our notice by the State Bank and the maternal grandfather of Mst. Shamim Akhtar, Muhammad Ibrahim that her name has been erroneously recorded in the judgment of this court as Mst. Nasim Fatima. The maternal grandfather has been identified by Mr.Mahmood Ahmad .Qureshi, Advocate--on-Record. Since this is a clerical mistake. the correction may be made in the judgment by substituting the name Mst. Shamim Akhtar for the name Mst. Nasim Fatima. Her date of birth is 9th August, 1973.
4. The State Bank of Pakistan has informed the Registrar of this Court that the deductions made from the pay of Ghulam Hussain have been placed in a separate non-interest bearing account pending correction of the name, non-production of guardianship certificate and proof of the date of birth of Mst. Shamim Akhtar. It is stated by the maternal grandfather of Mst. Shamim Akhtar that her father has married again. In view of the disability from which she suffers' and her age, there is a possibility that the compensation awarded to her might be squandered away without any benefit to her. We would therefore direct the State Bank to place the deductions already made and those that may be made in future from the pay of Ghulam Hussain in a Deposit Account which earns the maximum amount of interest/profit and that it could be paid to her after her marriage and if she is married while still a minor, after she attains the age of 18 years. Subject to all just exceptions customary maximum profit should also be paid by the Bank on the deductions already made.
S.Q./P-25/S . Order accordingly.