GHULAM SHABBIR vs State Ss — 2024 PLD 951 SUPREME-COURT

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GHULAM SHABBIR VS State Ss. 302(b) & 307---Constitution of Pakistan, Art. 188---Review petition---Qatl-i-amd---Convict sentenced to death remaining incarcerated for a period which is more than a full term of life imprisonment---Effect---Conversion of death sentence into imprisonment for life---Longstanding detention in prison up to or more than the period of imprisonment for life is a complete and distinct punishment, as provided by section 302(b), P.P.C.---In the present case by the time, when his appeal was dismissed by the Supreme Court, the petitioner remained incarcerated for about 25 years, without earning remissions---Despite confirmation of his death sentence by the Supreme Court, the petitioner was awaiting execution of his sentence for the last nine years---It was a fact that till date, the petitioner had served out a sentence of more than 34 years without earning remissions, out of which, he remained incarcerated in death cell for about 24 years---If remissions were counted, his detention may come to almost forty years---Petitioner had served out his sentence for more than a life term and that too, in miserable and inhuman conditions while incarcerated in death cell for twenty four years, which had compromised his personal values and dignity---Delay in conclusion of judicial proceedings and execution of sentence awarded to the petitioner was on account of the system, hence, was beyond his control---Due to this hard fact, the petitioner had faced the agony of prolonged criminal proceedings, hence, was a victim of circumstances, therefore, he could not be penalized for the act of the Court or the Executive---Longstanding delay upto or above the period of imprisonment for life is one of the grounds necessary for awarding lesser punishment, keeping in view the principle of expectancy of life---Review petition was partly allowed, and the judgment under review was upheld, with modification in the quantum of sentence---Resultantly, the conviction of the petitioner under section 302(b), P.P.C. was maintained, however, death sentences awarded to him on two counts were converted into imprisonment for life on two counts, with benefit of section 382-B, Cr.P.C---Whereas the conviction and sentence of the petitioner under section 307, P.P.C. were upheld.

GHULAM SHABBIR vs State Ss — 2024 PLD 951 SUPREME-COURT

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