MUHAMMAD NAWAZ Versus STATE
This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal against the High Court's judgment, which had upheld the petitioner's conviction under Section 302 of the Pakistan Penal Code 1860 and the subsequent sentence of death. The core legal question concerned the applicability of a Presidential Amnesty order dated 7-12-1988 to the petitioner's death sentence, given that the trial court's judgment was rendered on 22-1-1986. Upon review, the Supreme Court affirmed the conviction but held that the petitioner was entitled to the benefit of the Amnesty order, which extended to all convicts sentenced to death by courts up to 6-12-1988, regardless of whether the sentence had been confirmed by higher courts on appeal. Consequently, the Court commuted the petitioner's death sentence to life imprisonment and directed that the benefit of Section 382-B of the Code of Criminal Procedure 1898 be applied regarding the computation of the sentence. The principle laid down is that presidential amnesty orders covering death sentences apply to all such sentences passed by the cut-off date, irrespective of appellate confirmation status.
- Does a Presidential Amnesty order covering death sentences apply to convicts whose sentences were confirmed by higher courts after the amnesty date?
- Is a convict entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 when a death sentence is commuted to life imprisonment?
- Does the cut-off date for a Presidential Amnesty order regarding death sentences apply to the date of the trial court's judgment?
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
NASIM HASAN SHAH, C.J.‑‑‑ After hearing Syed Ashiq Hussain Gillani, learned counsel for the petitioner and perusing the relevant record we are satisfied that the order of the High Court upholding the conviction of the petitioner under section 302, P.P.C. and imposing the sentence of death is correct.
2.However, we observed that the judgment of the learned Additional Sessions Judge, Khanewal in this case was passed on 22‑1‑1986. Now in view of the terms of the Amnesty order, passed by the President of Pakistan dated 7‑12‑1988 the benefit of amnesty is available to all those convicts who had been sentenced the death by, Courts up to 6‑12‑1988, irrespective of the confirmation of the sentence of death by the higher Courts in appeal or otherwise". It is accordingly clarified that the petitioner will now suffer the sentence of life imprisonment and not death. He shall also be given the benefit of the provisions of section 382‑B, Cr.P.C. in the matter of computation of sentence.
3.This petition stands disposed of with these clarifications and directions.
N.H.Q./M‑2275/S Order accordingly.