TAHIR ALIAS TAHRI vs STATE — 2026 PLD 155 SUPREME-COURT

Case information

Citation: 2026 PLD 155 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: PLD
Parties: TAHIR ALIAS TAHRI vs STATE
Subject matter: Criminal
Provisions referred to: S. 302

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

TAHIR ALIAS TAHRI VS STATE. S. 302(b)---Qatl-i-amd---Punishment---Death row phenomenon---Scope---Legislature while prescribing two alternate punishments under section 302(b), P.P.C., did not intend that a convict in addition would also be subjected to torture by treating him or her, as the case may be, in a cruel, inhumane and degrading manner---Condemned convict has no option and is, therefore, compelled to suffer agony of unauthorized punishment---Such an unauthorized punishment amounts to a penalty greater than or of a kind different from the penalty prescribed by law for the offence at the time it was committed---When death sentence confirmed under section 302(b), P.P.C., is executed after the convict has served prescribed term for imprisonment for life then such a condemned prisoner has suffered and is inflicted with three distinct punishments not envisaged under section 302(b), P.P.C.---This is a grave travesty of justice and an affront to the administration of criminal justice system and amounts to violation of right guaranteed under Article 12(b) of the Constitution---In such an eventuality, execution of sentence of death would mean serving out other alternate legal punishment of imprisonment for life and in addition enduring unauthorized penalty of being subjected to cruel, inhumane and degrading treatment.

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