Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

  Azad Jammu and Kashmir interim constitution Act (VIII of 1974)--- ----S.44---Writ of prohibition can only be issued to a person performing functions in connection with the State to restrain him from doing that which he is not permitted by law to do. Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)--- ----Ss. 5 & 15---Penal Code (XLV of 1860), S. 302/307/326/341/148/149-- Convict who was sentenced to death more than ten years ago claimed that he had been in imprisonment for a long time and death sentence awarded to him had become un-executable in law ---held, no law lays down that if a sentence of death is not executed within a specified time it becomes un-enforceable---Convict's claim fell within the ambit of mercy with which Courts had nothing to do-- Appeal of convict was dismissed in circumstances: --[Sentence---Delay]. Intizam Hussain v. The Crown P L D 1951 F C 1.12; Crown v. Habibullah P L D 1952 Lah. 587 and Eid Wali v. The State 1985 P Cr. L J 987 ref. Kh. Muhammad Saeed for Appellant. Raja Muhammad Hanif Khan for the Complainant. Syed Manzoor Hussain Gillani A. G. for the State. JUDGMENT BASHARAT AHMAD SIIAIKII, J.--This appeal which is of an unusual nature has been filed by a convict who was sentenced to death more than ten years ago but the sentence has not so far been executed. The convict now claims A that he has been in imprisonment for a long time and the sentence of death awarded to him has become un-executable in law. A writ petition filed by him in the High Court has been dismissed and he has now come up in appeal with leave of the Court. The facts necessary for disposal of this appeal arc that Mehtab Khan, the appellant before us, and four others were tried by `Zilaee Adalat' Poonch under sections 5 and 15 of the Islami Tazcerati Qawaneen Nafaz Act read with sections 302, 307, 326, 341/148/149 of the Penal Code. On 17-12-1976 the trial Court found all of them guilty under different sections and Mehtab Khan was awarded the sentence of death under   section 5 of the Islami Tazcerati Qawaneen Nafaz Act (hereinafter to be called the Islamic Act) and a fine of Rs. 500 under section 15 of the same Act.…