In re: SUO MOTU CONSTITUTIONAL PETITION vs NOT

ORDER

NASIM HASAN SHAH, C.J.--The cognizance of this matter was taken up by this Court suo motu as a question of public importance namely the validity of public hangings and execution of punishments in public arose herein.

2. This matter was heard by this Court on several occasions and we have heard the learned Attorney General for Pakistan the Advocate General of all the Provinces, Syed Afzal Haider and Qazi Muhammad Jamil eminent members of the Bars in connection with this matter. However, decision was postponed as the learned Attorney-General requested the Court to await the opinion of the Council of Islamic Ideology which bad been moved by Government to tender its opinion in the matter.

3. Under section 10 of the Special Courts for Speedy Trials Act, 1992, it is provided: "10. Place of execution of sentence.---The Government may specify the place of execution of any sentence passed under this Act, having regard to the deterrent effect which such execution is likely to have."

4. Pursuant to the powers conferred by this provision of law, the Government can order a convict sentenced to death to be executed in public. Now Article 14 of the Constitution, which is contained in the Chapter relating to fundamental rights, by clause (I) thereof, provides as follows:- "14. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable."

According to this provision the dignity and self-respect of every man has become inviolable and this guarantee is not subject to law but is an unqualified guarantee. Accordingly, in all circumstances, the dignity of every man is inviolable and executing in public, even the worst criminal, appears to violate the dignity of man and constitutes, therefore, a violation of the fundamental right contained in Article 14.

' Again in the 'Universal Declaration of Human Riggs in Islam' a document prepared by a number of leading Muslim scholars and published in London on April the 12th, 1980, it is stated in the Article 7 thereof as follows:- "7. The right of protection from torture.--(a) It is not permitted to torture the criminal, still less the suspect: "God will inflict punishment on those who have inflicted torture in this world".

This case, therefore, appeared, to be fit one for exercise of suo motu jurisdiction by this Court under Article 184(3) of the Constitution.

6. Today when the matter came up for final determination the learned Deputy Attorney-General Mr. Mumtaz Ali Mirza made a statement before us that the Government had decided, as a matter of policy, that it will not carry out executions of criminals sentenced to death in public despite the powers vesting in it to do so u/s 10 of the Special Courts for Speedy Trials Act, 1992. In other words the public hangings will not be resorted to.

7. In view of this statement no further action by this Court now appears to be necessary. This case stands disposed of in the above terms. .