| Citation(s) |
|---|
| 2007 SLG 1604 2007 SLD 1604 2007 PLD 315 |
Supreme Court of Pakistan
Civil Appeals Nos.66, 67 and 91 of 2003, along with Criminal Petitions Nos. 433-L/2002, 292-L/2003 and Criminal Appeal No.223 of 2003, decision dated: 14-12-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Ms. Hafza Aziz, Advocate Supreme Court for Appellant (in C.A. No. 91 of 2003). M.D. Tahir, Advocate Supreme Court for Appellant (in Cr.P.No. 292-L of 2003). Syed Ali Hasan Gillani, Advocate Supreme Court for Appellant (in Cr.A.223 of 2003). Dr. Muhamma
Civil Appeals Nos.66, 67 and 91 of 2003, along with Criminal Petitions Nos. 433-L/2002, 292-L/2003 and Criminal Appeal No.223 of 2003, decision dated: 14-12-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Ms. Hafza Aziz, Advocate Supreme Court for Appellant (in C.A. No. 91 of 2003). M.D. Tahir, Advocate Supreme Court for Appellant (in Cr.P.No. 292-L of 2003). Syed Ali Hasan Gillani, Advocate Supreme Court for Appellant (in Cr.A.223 of 2003). Dr. Muhamma
GOVERNMENT OF PUNJAB, LAHORE
VS
ABID HUSSAIN and others
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 331, 337-X & 337-Y---Constitution of Pakistan (1973), Art.184(3)---Vires of Ss.331, 337-X & 337-Y, P.P.C.---Sections 331, 337-X & 337-Y, P.P.C. are intra vires to the Constitution. (b) Penal Code (XLV of 1860)--- ----Ss. 331, 337-X, 337-Y & 338-G---Constitution of Pakistan (1973), Art.184(3)---Constitutional petition under Art.184(3) of the Constitution---Supreme Court directed the Federal Government to frame Rules under S.338-G, P.P.C. to give effect to Ss.331, 337-X & 337-Y, P.P.C. providing mechanism for creating the funds for the purpose of making payment of Diyat, Arsh and Daman of the convicts, who, on account of their weak financial position were languishing in Jails for want of snaking the said payment, within a period of three months; possibility while framing the rules may also be examined as to whether out of the created funds, soft loans could be extended to the convicts enabling them to satisfy the claim of the legal heirs of the deceased or the victim: Government would also examine the possibility to provide jobs to the convicts, in other than the Government Departments through social organization or philanthropist, enabling them to disburse the amount of loan, if extended to them, rules should also provide that in appropriate cases trial Court may examine the question of release of such prisoners on parole, who after having served out the substantive sentence of imprisonment, if any, were confined in jails on account of non-payment of Diyat, Arsh and Daman; convicts who had already undergone substantive imprisonment but were in Jails all over the country due to non-payment of Diyat or Arsh, shall be released forthwith under Ss. 331(1) and 337-X, P.P.C. as an interim arrangement, subject to furnishing security to the satisfaction of the District and Sessions Judge concerned for a period of three years, enabling them to make the payment of Diyal and Arsh at their own resources in lump sum or in equal instalments, or taking loans from the funds created by the Government; similarly convicts who were in Jail only on account of non-payment of Diyat or Arsh, as no substantive imprisonment was…
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