MUHAMMAD RAFIQUE vs THE STATE
This matter arises from two petitions for leave to appeal filed by Muhammad Rafique against his conviction under Section 302 of the Pakistan Penal Code 1860 and his sentence of death, which was confirmed by the High Court. The core legal question concerned whether the petitions should proceed on merits despite the petitioner already serving a commuted sentence of life imprisonment pursuant to orders passed by the President of Pakistan. The Supreme Court held that since the petitioner is currently undergoing a sentence of life imprisonment due to presidential commutation, the petitions stand dismissed. However, the Court ruled that the dismissal is subject to the condition that if the commutation orders are subsequently varied and execution of the death sentence is sought, the petitioner may revive the petitions for disposal on merits. The key principle laid down is that where a death sentence has been commuted to life imprisonment by executive order, leave to appeal petitions may be dismissed while preserving the petitioner's right of revival should the commutation be challenged or varied.
- Can a petitioner revive a dismissed petition for leave to appeal against a death sentence if a presidential commutation order is subsequently varied?
- How does the commutation of a death sentence to life imprisonment by the President affect pending petitions for leave to appeal before the Supreme Court?
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' NASIM HASAN SHAH, J.---This order will dispose of the above-noted two petitions for leave to appeal.
2. ' The petitioner Muhammad Rafique was convicted under section 302, P.P.C. And sentenced to death. The death sentence has been confirmed by the High Court vide judgment dated 6-3-1989.
3. ' Feeling aggrieved, the petitioner first filed a petition against it from Jail (J.P.No, 54-R of 1989). He has, thereafter, moved a Criminal Petition for leave (Cr.P.S.LA.No,77 of 1990) through counsel. Both these petitions have been heard together today.
4. ' According to the averments made by the petitioner in his petition from jail, he is now serving sentence of life imprisonment in view of the orders of commutation passed by the President of Pakistan.
5. Learned counsel for the petitioner, Qazi Muhammad Saleem, has stated that he is content if the petitioner is awarded the lesser sentence of life imprisonment and would be satisfied with the reduction of his sentence. Accordingly.
6. ' On our pointing out that the petitioner has himself stated that he is now undergoing the sentence of life imprisonment, under orders of the President, he submits that the validity of such orders is being challenged in the High Court through several Constitutional petitions and in case these petitions succeed the sentence of death may be executed against the petitioner.
7. ' We, accordingly, order that these petitions shall stand dismissed but subject to the condition that if at any stage the orders of commutation passed by the President are varied and the sentence of death is sought to be executed against the petitioner, he can revive the present petitions for leave for disposal on merits.