1991 SCMR 312(1)

TASSAWAR HUSSAIN Alias SAFDAR And Another vs The STATE

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Citation1991 SCMR 312(1)

CourtSupreme Court of Pakistan

Case No.Criminal Petition No.97-R of 1987 Criminal Appeal No.485 of 1984

Date1990-06-04

Judge(s)Naimuddin, Ajmal Mian, Abdul Qadeer Chaudhry

ResultPetition dismissed

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This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against a conviction and sentence. The core legal question concerns the effect of a Presidential Order of Amnesty on the sentence of death previously imposed upon the petitioners. The court observed that the petitioners' death sentence had been commuted to imprisonment for life pursuant to the Presidential Order of Amnesty. Consequently, the learned counsel for the petitioners did not press the petition. The court accordingly disposed of the petition as not pressed in view of the intervening commutation of sentence.

Questions settled in this judgment

Does a Presidential Order of Amnesty commuting a death sentence to imprisonment for life render a pending petition against the conviction and sentence not pressed?
What is the effect of the commutation of a death sentence by executive amnesty on appellate proceedings before the Supreme Court?

death sentencecommutation of sentencePresidential Order of Amnestycriminal petitionSupreme Court of Pakistan

ORDER

1. ABDUL QADEER CHAUDHRY, J.---Learned counsel for the petitioners submitted that the sentence of death of the petitioners has been commuted to imprisonment for life by the Presidential Order of Amnesty. He, therefore, does not press this petition.