Law: Criminal Procedure Code (V of 1898)

Section: 381,561A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 381---Execution of order of death sentence---Inherent powers of Chief Court to suspend black warrant after rejection of mercy petition---Scope---Accused was awarded death sentence by the Trial court which was confirmed by both the appellate courts---Convict filed mercy petition under Art. 45 of the Constitution before the President of Pakistan which was not acceded to and after rejection of mercy petition and direction contained in the of Supreme Court, Trial Court issued black warrants for execution of the accused in terms of S. 381, Cr.P.C.---Counsel of convict filed petition under S. 561-A, Cr.P.C. for suspension of execution---Validity---Held, arguments of counsel for petitioner could not hold field being out of scope of the powers conferred upon the Chief Court under S. 561-A, Cr.P.C. as the Chief Court could not sit as a revisional Court over the orders of Supreme Court, endorsed by President of Pakistan, in mercy petition---Application under S. 561-A was dismissed in limine. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A--- Inherent powers of Chief Court---Scope---Powers of Chief Court under S. 561-A, Cr.P.C. were neither alternative nor additional in its character---Said powers would be exercised where no alternate remedy was available to an aggrieved party and Court considered that dictates of justice demand that Court should come for rescue of an affected party and not otherwise. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner was convicted by the learned Judge ATC No.1 Gilgit vide judgment dated 31-08-2009 and was awarded death sentences and some other punishments maintained in the judgment of trial Court. Trial Court sent the case to this Court in terms of section 25(2) of Anti-Terrorism Act, 1997 along with murder reference to this Court for confirmation or otherwise. 2. The convict/appellant challenged the conviction by filing an appeal under section 410, Cr.P.C. read with section 25 of Anti-Terrorism Act, 1997, which was dismissed by this Court vide order/judgment dated 19-1-2016. 3. The accused filed an appeal before the honourable apex Court…

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