EID MUHAMMAD And Another vs The STATE
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court upholding the conviction and death sentence of the petitioners under section 302/34 of the Pakistan Penal Code 1860 for the murder of Shamas Khan, along with compensation orders under section 544-A of the Code of Criminal Procedure 1898. The core question before the Supreme Court was whether the petitioners' death sentence should be maintained or altered in light of executive clemency. The Supreme Court held that in view of the amnesty ordered by the President, the sentence of death imposed upon the petitioners must be converted to imprisonment for life, with liberty to apply for revival of the petitions on merits if the amnesty order is set aside. The Court laid down the principle that presidential amnesty warrants the commutation of a death sentence to life imprisonment while preserving the right to seek disposal on merits if the amnesty is subsequently revoked, along with the statutory benefit of section 382-B of the Code of Criminal Procedure 1898.
- How does a presidential amnesty affect a death sentence imposed under section 302 of the Pakistan Penal Code 1860?
- Are petitioners entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 when their death sentence is converted to life imprisonment?
- What recourse is available to convicted persons if an executive amnesty order is subsequently set aside?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
ALI HUSSAIN QAZILBASH, J.-This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 11-6-1989.
2. Abdur Rehman and his father Eid Muhammad were tried under section 302/34, P.P.C. By the learned Additional Sessions Judge, Attock for the murder of Shamas Khan. Both of them were convicted as such and as per judgment dated 25-1-1987 both of them were sentenced to death and a line of Rs.5,000 each or in default to one year R.I. It was further directed that a sum of Rs.8,000 each shall, be paid to the heirs of the deceased as compensation under section 544-A, Cr.P.C. The petitioners filed an appeal against their conviction and sentence whereas the complainant riled a revision petition for the enhancement of compensation. Both the matters were taken up by the High Court and as per the impugned judgment the appeal riled by the petitioners and the revision petition of the complainant were dismissed.
3. We have heard the learned counsel for the petitioners and Raja Abdul Ghaffoor, Advocate for the State. In view of the amnesty ordered by the President the sentence of death imposed upon the petitioners is hereby converted to imprisonment for life. In case the order of amnesty is set aside, the petitioners would be at liberty to apply for the revival of their petitions for disposal on merits.
4. We thus convert the petition into appeal and partly allow the same. The petitioners would also be entitled to the benefit of section 382-B, Cr.P.C.