Munawar Javed vs The State
This matter came before the Supreme Court of Pakistan upon a petition challenging the judgment of the High Court regarding the sentence and payment of 'Diyat' imposed on the petitioner. The core legal question concerned whether the court could exercise discretion to modify the payment schedule of 'Diyat' based on the petitioner's financial hardship. Upon review, the Supreme Court found no grounds to interfere with the merits of the conviction or the sentence already served, noting that the High Court's assessment of the sentence was appropriate to meet the ends of justice. However, considering the petitioner's plea of poverty and inability to pay the total 'Diyat' amount of Rs. 2,60,000 in three equal instalments as previously ordered, the Supreme Court exercised its discretion to grant relief. The Court held that while the substantive sentence remained unchanged, the payment schedule for the 'Diyat' could be extended to alleviate the financial burden on the petitioner. Consequently, the Court modified the High Court's order, directing that the 'Diyat' amount be paid over a period of three years in equal monthly instalments.
- Can the Supreme Court extend the payment schedule for 'Diyat' based on the petitioner's financial hardship?
- Is the High Court's order regarding the payment of 'Diyat' subject to modification by the Supreme Court in the interest of justice?
1. JUDGMENT SH. RIAZ AHMED, C.J.- We have heard the learned counsel for the petitioner at length and have perused the judgment impugned. As regards merits of the case, we are not inclined to interfere therewith, because on that score the judgment impugned is unexceptionable, inasmuch as, the sentence already undergone by petitioner was considered adequate and appropriate to meet the ends of justice and the amount of 'Diyat' amounting to Rs. 2,60,000/- was maintained and it was allowed to be paid by the petitioner in three equal instalments. Leamed counsel submits that petitioner has served out the substantive sentence and only the amount of 'Diyat' remains to be paid by him. Lt is stated that petitioner is a poor person and cannot pay the amount 'Diyat' in three instalments. Taking a lenient view, we would modify the order of the High Court and direct that petitioner shall now pay the amount of 'Diyat' over a period of three years in equal monthly instalments. Disposed of.