Pakistan Case Law
2002 SCMR 1179

GHULAM QASIM KHAN vs SHAUKAT ABBAS and another

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Citation2002 SCMR 1179
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,530-L of 2001 Criminal Appeal No,146 of 1998
Date2002-03-12
Judge(s)Mian Muhammad Ajmal and Syed Deedar Hussain Shah
ResultLeave granted
Summary

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the judgment of the High Court. The core legal question concerns the justification for altering a sentence of death to life imprisonment after the prosecution had purportedly proved its case against the respondent. The Supreme Court granted leave to consider the quantum of sentence of respondent No. 1, holding that the appeal should proceed for detailed examination of the sentence alteration, and directed that the respondent shall remain incarcerated pending the final decision of the appeal. The key principle laid down is that the reduction of a death sentence to life imprisonment requires valid and sound mitigating circumstances, the absence of which warrants a full review by the apex court.

Questions settled in this judgment
  • Can the High Court alter a sentence of death to life imprisonment without mitigating circumstances?
  • Whether leave to appeal should be granted to examine the quantum of sentence?
  • Should a convicted person remain in jail during the pendency of an appeal regarding the quantum of sentence?
quantum of sentencedeath sentencelife imprisonmentmitigating circumstancesleave to appeal

ORDER

Contends that the High Court after holding that the prosecution has proved its case against respondent No,1, altered the sentence of death to life imprisonment without any justification as there was no mitigating circumstance for alteration of sentence.

2. Leave is granted to consider the quantum of sentence of respondent No,1 who shall not be released from jail till the decision of the appeal.

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