Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302(a)

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Pakistan Penal Code, (XLV of 1860), S. 302(a)--Sentence to death--Criminal appeal dismissed--Review Petition--Dismissed--Death penalty was maintained--Refusal of clemency--Issuance of black warrant--Challenge through write petition--Dismissed--Motion resting regarding mental incapacity before Session Judge--Examined by Medical Board--Opinion of Medical Board--Criminal miscellaneous--Dismissed--It is certainly not for this Court to adjudicate upon \ polemical divide on different sentencing doctrines or morality of death penalty, widely practiced in many judicial systems, however, petitioner's plea can be gone into without undertaking any academic discussion or exercise.] Amongst corporal sentences, penalty of death has its own unique punitive impact upon its recipient; unlike incarceration it terminates immediately upon its execution; death being ultimate instrument of fear, impending consequences are ante-mortem in nature; not only for condemned prisoner but upon its surroundings as well--Once a case is finally decided by Supreme Court of' Pakistan, it would be far less than expedient for High Court to reopen issue so as to take a different view on any ground whatsoever--Petition was dismissed. PLD 2017 SC 18, ref. THIS ORDER PASSED BY: CH. MUSHTAQ AHMAD, JUSTICE---.--- Indicted for homicide, petitioner's son, Khizar Hayat was tried by a learned Addl. Sessions Judge at Lahore; he was returned a guilty verdict vide judgment dated 2-4-2003; convicted under clause (a) of section 302 of the Pakistan Penal Code 1860, he was sentenced to death; his appeal met with no better fate before a learned Division Bench; Murder Reference No. 467 of 2003 was answered in affirmative; Crl. Appeal No. 590 of 2009 filed by the convict before the Supreme Court of Pakistan was dismissed on 23-9-2010; penalty of death was maintained, albeit under clause (b) of the section ibid; his last ditch effort failed to bear fruit when review petition faced dismissal on 20-6-2011. Refusal of clemency by the President foreclosed all temporal avenues. Consequent upon his failures, a black warrant for his execution was finally…

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