MEHR DIN vs THE HOME SECRETARY, GOVERNMENT OF THE PUNJAB
This is a petition for special leave to appeal arising from a judgment of the Lahore High Court dismissing a constitutional petition. The core legal question raised was whether a convict under a sentence of death can be placed by jail authorities in a condemned prisoner cell before their sentence is confirmed and their appeal is disposed of. The Supreme Court of Pakistan declined to answer the abstract question because the records revealed that the sentences of death for the individuals concerned had already been confirmed by the High Court and their appeals had subsequently been dismissed by the Supreme Court, rendering their current confinement in condemned prisoner cells entirely lawful and unexceptionable. Consequently, the Court held that the case was not a fit one to resolve the hypothetical issue raised, and the petition for special leave to appeal was accordingly dismissed.
- Can a convict under a sentence of death be placed in a condemned prisoner cell before sentence confirmation?
- Whether confinement in a condemned prisoner cell is lawful after the dismissal of appeals by the Supreme Court?
- Section 302, Pakistan Penal Code 1860
ORDER
SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment dated 15-2- 1987 of the Lahore High Court whereby the constitutional petition of the petitioner was dismissed.
2. The question raised in this petition is whether a convict under a sentence of death can be placed by the jail authorities in a condemned prisoner cell before his sentence has been confirmed and before his appeal against his conviction and sentence has been disposed of. This question has been raised with reference to two persons. They were tried together with a number of other persons on a number of charges including two counts under section 302 of the Pakistan Penal Code. One of them was sentenced to death by the trial Court. His sentence was confirmed by the High Court. The other was sentenced to imprisonment for life by the trial Court but the High Court enhanced his sentence to death. The appeals of both persons against their convictions and sentences were dismissed by this Court. That being so, their confinement in the condemned prisoners cells at present is not open to any objection. In the circumstances this is not a fit case where the question now being raised need to be answered. The petition in accordingly dismissed M.I./M-115/SPetition dismissed revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.