LAL DIN Alias LALU And Another vs SUPREME APPELLATE COURT, LAHORE And 3
This matter comes before the Supreme Court of Pakistan upon an application for adjournment and extension of a stay order filed by the petitioner Lal Din alias Lalu, who was awarded the death penalty. The core legal question concerns the adjournment of the proceedings due to the serious illness and hospitalization of the petitioner's counsel, alongside the continuation of the interim stay against the execution of the death sentence. The Court held that in the interest of justice and due to unavoidable circumstances, the case should be adjourned, and the stay of execution extended conditionally. The key principle laid down is that interim relief such as a stay of execution in capital cases may be extended pending adjournment, subject to strict compliance with directives to produce the legal representatives of the deceased on the next date of hearing.
- Can an adjournment be granted on the ground of the petitioner's counsel's serious illness and hospitalization?
- Whether a stay order against the execution of a death penalty can be extended pending an adjourned hearing?
- Is the continuation of a stay of execution in a capital case dependent on producing the legal representatives of the deceased?
ORDER
1. Learned counsel for Lal Din alias Lalu petitioner has applied for adjournment of the case on the ground that he is seriously ill and hospitalised at Lahore. He has stated that he is unable to undertake journey to Islamabad. He has made a separate application to the Hon'ble Chief Justice for hearing of the connected Petition filed by him for hearing this case at Lahore and has prayed that in the meantime the stay order already granted by this Court against the execution of death penalty awarded to Lal Din alias Lalu petitioner be extended.
2. After going through the file, in the interest of justice and for the un--avoidable circumstances expressed by the learned counsel, this case is adjourned to 18-4-1995 subject to the order passed by the Hon'ble Chief Justice in the connected petition for hearing at Lahore. Till then the execution is stayed.
3. Learned counsel for petitioner shall contact Mst. Parveen widow of the deceased and shall produce her and other legal representatives of the deceased on the next date of hearing; failing which the stay order shall stand vacated.
4. Copy of this Order shall be sent to the learned counsel for the petitioner and learned Advocate- General, Punjab. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.