Law:

Section:

Islamabad High Court Act (XVII of 2010)--- ----Ss. 6 & 9---Criminal Procedure Code (V of 1898), Ss. 381 & 389---Anti-Terrorism Act (XXVII of 1997), Ss.7 & 32---Constitution of Pakistan, Art.199---Constitutional petition---Death warrant, issuance of---Petitioner sought suspension of death warrant of his brother on the plea that it was not issued by Court which imposed sentence---Validity---At the time of awarding sentence, Court at Islamabad did not exist and Court at Rawalpindi had jurisdiction over the matter, therefore, it awarded the sentence---Court at Islamabad had become Court of competent jurisdiction with respect to all matters falling under Anti-Terrorism Act, 1997, within the territory of Islamabad, therefore, was competent to pass all orders that were necessary to execute sentence awarded with respect to case under Anti-Terrorism Act, 1997, within the territory of Islamabad---Relevant provision of law was S.381, Cr.P.C. because in S. 389, Cr.P.C. the word used had been "Judge or his successor in interest", however no such word existed in S. 381, Cr.P.C.---Because of difference in words used in both the provisions, Anti-Terrorism Court at Islamabad was competent to issue death warrants---No vested right was available to petitioner or condemned prisoner to have death warrant set aside on the basis of such technicality---High Court declined to suspend death warrant as there was no compromise between the parties---Petition was dismissed in circumstances. JUDGMENT AAMER FAROOQ, J.---Through this consolidated judgment we intend to decide the instant writ petition as well as Criminal Miscellaneous No.93-M of 2015, as common question of law is involved. Through this writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks setting aside of death warrant of Zulfiqar Ali Khan son of Rashid Ali Khan issued by respondent No.4 on the ground that the same has been issued without jurisdiction and therefore, is illegal and inoperative. In Criminal Miscellaneous No.93-M of 2015 the petitioner seeks suspension of death warrant so that compromise with legal heirs of the deceased persons can be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492