MUHAMMAD AMIN vs THE STATE
This matter came before the Supreme Court of Pakistan following the grant of leave to appeal specifically regarding the sentence imposed on the appellant. During the pendency of the appeal, a general order issued by the President of Pakistan in December 1988 commuted all death sentences to life imprisonment. Consequently, the appellant was transferred from the death cell to the general section of the jail to serve a life sentence. In light of this development, counsel for the appellant did not press the appeal but requested that the appeal be kept alive, with liberty to revive it on merits should the President's commutation order be modified or the death sentence restored due to pending constitutional challenges in the High Court. The Court found this request reasonable. Accordingly, the Supreme Court dismissed the appeal while granting the appellant explicit liberty to reactivate the proceedings if the legal status of the commutation order changes, thereby preserving the appellant's right to challenge the original sentence should the commutation be revoked.
- Can an appeal be dismissed while granting the appellant liberty to reactivate the matter if the underlying basis for the commutation of sentence is challenged?
- Does a general order by the President of Pakistan commuting death sentences to life imprisonment render an appeal against the sentence of death non-pressing?
ORDER
1. ' Leave to appeal was granted in this case on the question of sentence only.
2. ' However, in the meanwhile pursuant to a general order passed by the President of Pakistan in December, 1988 the sentence of death passed against all convicts sentenced to death has been reduced to life imprisonment and the appellant has been shifted from the death cell to the general section of the Jail to undergo life imprisonment. On account of this development, the learned counsel for the appellant does not press the appeal but at the same time submits that as several Constitutional petitions have been filed in the High Court to challenge the validity of the aforesaid general order of the President he should be permitted to get this appeal revived and disposed of on merits in case the aforesaid order of the President is modified and the death sentence restored.
3. This request is, reasonable.
4. ' This appeal accordingly shall stand dismissed but with leave to the appellant to re-activate the matter, if necessary.