Law: Code of Criminal Procedure, 1898

Section: 544A

Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 2A

MUHAMMAD-BASHIR KHAN JEHANGIRI, J.---This writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, by Khan Bahadur, petitioner, seeking declaration "that the order dated 7-12-1988 promulgated vide Notification No. 8/15 dated 8-12-1988 is illegal, unlawful, without lawful authority, without jurisdiction and consequently of no legal effect as regards the case passing through the process of judicial determination on the date of its promulgation" and "directing respondent No.3 to order the arrest of respondent No. 1 released from Central Jail, Haripur, while undergoing life imprisonment on account of promulgation of the impugned order and remain confined in Jail until the final decision of the Criminal Revision No. 14 of 1982 pending disposal before this Court" has arisen in the following circumstances.

2.                  Sher Ahmad, respondent No. 1, and his son Astam Khan were placed on trial for the murder of Rustam Khan son of Muhammad Yousuf Khan, resident of Kialak, District Abbottabad, by firing. Mr. Ejazul Hassan Khan the learned Sessions Judge, Abbottabad, as then he was, by his judgment dated 1-6-1982 convicted accused Sher Ahmad under section 302 of the Pakistan Penal Code and sentenced him to imprisonment for life and a fine of Rs.5,000 or in default thereof to undergo further rigorous imprisonment for one year. The amount of fine, if realized, was directed to be paid to the legal heirs of the deceased by way of compensation as provided under section 544-A, Cr.P.C. The learned Sessions Judge, however, acquitted Astam Khan of the said charge. Respondent No.1 filed Criminal Appeal No.7 of 1982 against the judgment dated 1-6-1982 of the learned Sessions Judge, to challenge his conviction and sentence. The petitioner, on the other hand, assailed the judgment of the learned Sessions Judge and filed Criminal Revision No.14 of 1982 for enhancement of the sentence of imprisonment for life to normal penalty of death. The petitioner had also riled Criminal Revision No. 15 of 1982 challenging the acquittal of co-accused of respondent No. 1. Criminal Revision No. 15 of 1982 was decided by this Court vide judgment dated 19-11-1984 directing the learned trial Court to hold trial de novo of Astam Khan. At the same time it was decided that Criminal Appeal No.7 of 1982 and Criminal Revision No.14 of 1982 would remain pending and shall be decided alongwith the case emerging out of the fresh trial of Astam Khan accused. In the meantime, general amnesty was announced by the Federal Government vide impugned order dated 7-12-1988 by virtue of which respondent No.l was released from Jail under the provision of clause `D' of the said Order. Criminal Appeal No. 7 of 1982 filed by respondent No. 1 came up for hearing before this Court on 14-10-1989. In pursuance of the statement of the learned counsel for respondent No.1 at the Bar that his client had since been released in pursuance of the impugned order, a Division Bench of this Court comprising of Raza Ahmad Khan, J., as his Lordship then was, and Abdur Rehman Khan, J. dismissed the appeal "having become infructuous".