Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.----Ss. 84 & 302(b)---.---Mental Health Ordinance (VIII of 2001), S.2(1)(m)---.---Pakistan Prison Rules, 1978, Rr. 104(ix) & 444---.---Qatl-i-amd---.---Defence of insanity---.---"Schizophrenia"---.---Scope---.---Plea on behalf of convict that at the time of issuance of his black warrants he was a patient of "Paranoid schizophrenia", therefore, before his execution, he needed medical treatment so that he may be able to make a will, which was permissible under the Prison Rules, 1978---.---Validity---.---Schizophrenia was not a permanent mental disorder, rather it was an imbalance, increasing or decreasing in nature, depending on the level of stress---.---In recent years, its prognosis had improved with drugs, by vigorous psychological and social management, and rehabilitation---.---Schizophrenia, therefore, was a recoverable disease, which, in all the cases, did not fall within the definition of "mental disorder" as defined in the Mental Health Ordinance, 2001---.---From the stage of trial, convict took plea of suffering from 'schizophrenia' in his defence, but all the courts up to the Supreme Court discarded such plea of mental illness, which could be made basis to term him as lunatic---.---Even the medical record produced before the court revealed that convict was all along considered as psychiatric patient suffering from "paranoid schizophrenia"---.---Supreme Court observed that rules relating to mental sickness could not be used to delay the execution of death sentence awarded to the convict, which had attained finality up to the level of the Supreme Court, and when mercy petition of convict had already been dismissed by the President---.---Petition for leave to appeal was dismissed accordingly. Amrit Bhushan Gupta v. Union of India AIR 1977 SC 608 ref. (b) Medical jurisprudence---.--- ---.----"Schizophrenia"---.---Definition and explanation. New Webster's Dictionary of the English Language; Oxford Advanced Learner's Dictionary 7th Edition; Wharton's Law Lexicon, Fifth Edition and Ram Narain Gupta v. Smt. Rameshwari Gupta AIR 1988 SC 2260 ref. THIS JUDGMENT DELIVERED BY: ANWAR ZAHEER JAMALI, CHIEF…

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