Law: Constitution of Pakistan, 1973

Section: 191,175(2),4,9,10-A

Law: Pakistan Penal Code, 1860

Section: 302(b),109

Law: Code of Civil Procedure of 1882

Section: 382-B

Summary This Supreme Court of Pakistan judgment (Malik Shahzad Ahmad Khan, J., with supplementary observations by Shakeel Ahmad, J.) resolves two connected matters. First, it allows a criminal miscellaneous appeal, holding that the appellant's first review petition (Criminal Suo Moto Review Petition No. 45 of 2011) was illegally dismissed in chambers on 26.04.2012 without affording him a hearing, in violation of natural justice and Articles 4 and 10-A of the Constitution. The Court declared that order "non-existent in the eyes of law," so the later review was treated as a first (not second) review petition and the office objection was overruled. Second, in Criminal Review Petition No. 173 of 2017, the Court maintained the petitioner's conviction under section 302(b) PPC but, finding the death sentence harsh in a case resting on circumstantial evidence and a retracted confession (with the State itself conceding the extreme penalty was not warranted), altered the sentence from death to imprisonment for life, extending the benefit of section 382-B Cr.P.C. Core Points The first review petition was dismissed in chambers on 26.04.2012 without the appellant or his counsel being present — the appellant was condemned unheard. The Full Court/administrative decision (office order dated 22.10.1990) permitting such chamber disposal had no blessing of the law; no amendment was made to the Supreme Court Rules, 1980 to allow dismissing a death convict's review in chambers without a hearing. Such disposal violated natural justice and Articles 4, 9, and 10-A of the Constitution; the order dated 26.04.2012 was declared void and "non-existent in the eyes of law." The order dated 09.05.2017 only dismissed the compromise petitions (CPs 200 and 2011 of 2017), not the main review petition, which was ordered to be re-listed. The criminal miscellaneous appeal was allowed and the office objection overruled; the review was treated as the first review petition. On merits, the conviction under section 302(b) PPC was maintained (occurrence unseen; retracted judicial confession corroborated by pistol recovery and FS report), but the death sentence was…