Iqbal Ansari vs State Ss — 2024 MLD 846 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 846 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: Iqbal Ansari vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 465; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Iqbal Ansari VS State Ss. 302(b) & 324---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), Ss. 464 & 465---Qatl-i-amd, attempt to commit qatl-i-amd, act of terrorism---appreciation of evidence---Unsoundness of mind---Proof---accused was charged for committing murder of his senior officer and also causing firearm injuries to his other officer---In the present case, there was credible evidence that the accused had been intermittently suffering from a mental condition for the past 18 years---Question before the Court was whether accused was fit at that time when his appeal was fixed for hearing---In the circumstances, the report from the medical board from Punjab Institute of Mental Health sufficed---There was no need for an inquiry of the sort described in S. 465, Cr.P.C.---Convict might be prejudiced if the appellate Court ruled on his appeal while he was of unsound mind because doing so denied him the right to a hearing---Therefore, the High Court/appellate Court should postpone the hearing of the appeal and/or the reference when the convict was mentally incapacitated---However, the court might proceed if the case was such that the convict would be acquitted---applying the said principles, appeal was adjourned until the accused recovered and could present his case---High Court directed that Superintendent, Central Jail, shall take the accused to the Medical Superintendent, PIMH, every two months for his medical examination by a medical board, which would submit its report to High Court, and that the appeal shall be fixed immediately after receiving a favourable report on the accused.

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