MUHAMMAD IQBAL Versus THE STATE
This matter concerns an application filed by a convict, Muhammad Iqbal, seeking to have his petition for leave to appeal under Article 185(3) of the Constitution of Pakistan 1973 entertained by the Supreme Court without him first surrendering to custody. The applicant, who had been convicted under Section 302(b)/34 and Section 307/34 of the Pakistan Penal Code 1860, argued that he should be exempted from the requirement of surrendering to custody because he was the sole breadwinner for his large family and his incarceration would cause them irreparable hardship. The Supreme Court rejected this application, holding that the financial or personal hardship of a convict's family does not constitute a valid legal ground for relaxing the mandatory requirement of surrendering to custody before a petition for leave to appeal can be entertained. The court reaffirmed the principle that a convict must surrender to custody to maintain the maintainability of their petition before the Supreme Court.
- Can a convict file a petition for leave to appeal under Article 185(3) of the Constitution without surrendering to custody?
- Does the status of being the sole breadwinner for a family constitute a valid ground for waiving the requirement to surrender to custody before filing an appeal?
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Article 185(3), Constitution of Pakistan 1973
ORDER
KHALIL-UR-REHMAN RAMDAY, J.--- This is an application by one Muhammad Iqbal who was convicted by a learned Additional Sessions Judge at Multan under section 302(b)/34 of the P.P.C. and sentenced to suffer imprisonment for life on two counts and who was also convicted under section 307/34, P.P.C. and was directed to undergo two years' R.I. with a fine of Rs.5,000 or six months' R.I. in default of payment. This conviction and punishment recorded against the applicant together with the conviction and punishment recorded against his co-convict, namely, Abdur Rehman (since dead) were impugned before the Multan Bench of the Lahore High. Court through Criminal Appeal No.232 of 1993. This appeal was dismissed by the learned High Court through a judgment dated 4-3-2003.
2. Iqbal, petitioner, without surrendering to custody, filed a petition before this Court under Article 185(3) of the Constitution which petition is accompanied by the above mentioned application praying that the said petition be entertained without the petitioner having surrendered to custody only on the ground that he was the only bread-earner of his large family and that if he surrendered to custody then his family will suffer irreparably.
3. This is hardly a ground justifying entertainment of the applicant's petition under Article 185(3) of the Constitution without the applicant having surrendered to custody. This application is, therefore, dismissed.
N.H.Q./M-918/S Application dismissed.