| Citation(s) |
|---|
| 2025 SLG 4886 2025 SLD 4886 = 2025 SCP 432 |
Crl. Petition No. 734-L/2017
MALIK SHAHZAD AHMAD KHAN, J
Maaf Ali v. The State etc
Law: Anti-Terrorism Act, 1997
Section: 7(a)
Law: Pakistan Penal Code (PPC),1860
Section: 302(b)
Summary
The judgment involves the case where the petitioner, Maaf Ali, was acquitted of the Anti-Terrorism Act charge but convicted for murder under section 302(b) PPC. While the majority upheld the death sentence, Justice Malik Shahzad Ahmad Khan dissented on the sentence, arguing that given the unproven motive, mitigating circumstances, and the social context, life imprisonment instead of death penalty is appropriate. The judge emphasizes the absence of clear evidence on the motive, lack of supporting prosecution witnesses from the deceased’s family, and the petitioner’s role as a father whose children are left motherless, concluding that life imprisonment meets the justice requirements more fairly.
Core Points
- Acquittal of petitioner under section 7(a) of Anti-Terrorism Act, 1997 upheld.
- Conviction of petitioner under section 302(b) PPC for murder upheld.
- Death sentence challenged due to lack of proven motive and mitigating factors.
- Occurrence inside courtroom not sufficient alone to justify death penalty.
- Prosecution failed to prove specific motive; vague domestic dispute claimed.
- No family members of deceased supported prosecution; mother of deceased refuted petitioner’s culpability.
- Deceased was living separately (in Darul Aman), indicating troubled family relations.
- Petitioner has two children deprived of father’s love if death penalty enforced.
- Legal precedents cited where death penalty was reduced to life imprisonment due to mitigating circumstances and unproven motive.
- Social realities and mental state of petitioner considered in sentencing.
- Sentence altered from death penalty to imprisonment for life.
- Directions on compensation and default sentence upheld.
Law and Section Table
| Law/Act | Section | Description | Application in Case |
|---|---|---|---|
| Anti-Terrorism Act, 1997 | Section 7(a) | Charges related to terrorism | Prosecution failed to prove charge; petitioner acquitted |
| Pakistan Penal Code (PPC) | Section 302(b) | Qatl-i-Amd (premeditated murder) | Petitioner convicted; sentence debated |
| Case Law | - | Muhammad Yaqoob v. The State (PLD 2019 SC 580) | Life imprisonment substituted death in a similar case |
| Case Law | - | Abrar Ahmad Farooq v. The State (PLD 2024 SC 815) | Mitigating factors justified reducing death sentence |
| Case Law | - | Muhammad Aslam v. The State (2007 SCMR 1412) | Emphasizes discretion to impose life imprisonment based on facts |
MALIK SHAHZAD AHMAD KHAN, J.- I have gone through the majority judgment authored by Hon’ble Mr. Justice Athar Minallah. Although I agree with the reasoning and conclusion of the majority judgment to the extent that the prosecution has failed to prove its case against the petitioner for the charge under section 7(a) of the Anti-Terrorism Act, 1997, resulting into acquittal of the petitioner from the said charge and to the extent that the prosecution has also proved its case against the appellant beyond the shadow of any doubt for the charge under section 302(b) PPC, however, with respect, I do not agree with the reasoning and conclusion of the majority judgment about maintaining the sentence of death awarded to the petitioner for the charge under section 302(b) PPC and give my own reasoning.