2008 PLP 2814 (YLR)
FAIZ AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 2814 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif and M.A. Shahid Siddiqui, JJ |
| Parties | FAIZ AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2814 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2814 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif and M.A. Shahid Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2814 (YLR) (FAIZ AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naseem Ullah Khan Niazi for Petitioner.
- The learned counsel for petitioner submits that the provisions of section 382-B, Cr.P.C. are mandatory, but the benefit of this section has not been granted to the petitioner by the Court while converting the death sentence into life imprisonment.
Headnotes / Summary
Ss.382-B & 561-A
Petitioner had submitted that provisions of S.382-B, Cr.P.C. despite being mandatory, benefit of said section had not been granted to him by the court while converting his death sentence into life imprisonment
Supreme Court had not granted the benefit to the petitioner while deciding the case of accused/petitioner
Petitioner, in circumstances for the relief prayed for, could file a review petition, if he so wished, in the Supreme Court, which had finally decided the matter. Javed Iqbal v. The State 1998 SCMR 1539 ref. Tahira Mehmood Gondal, A.A.-G assisted by S.D. Qureshi for the State.
Judgment & Decree
The learned counsel for petitioner submits that the provisions of section 382-B, Cr.P.C. are mandatory, but the benefit of this section has not been granted to the petitioner by the Court while converting the death sentence into life imprisonment.
2. On the other hand, the learned A.A.-G. assisted by the learned State counsel submits that the matter had also gone up to the Honourable Supreme Court of Pakistan and no benefit of section 382-B, Cr.P.C. was granted to the petitioner, even by the apex Court. According to him if this Court grants the benefit of section 382-B ibid, it will tantamount to alter the sentence maintained by the Supreme Court of Pakistan. He has referred the case of Javed Iqbal v. State 1998 SCMR 1539. In this respect. He has further submitted that so far as provisions of section 561-A, Cr.P.C. is concerned the jurisdiction of this Court under this provision can only be invoked if there is no other remedy available to the petitioner, but in the, instant case if the petitioner so wishes can file Review Petition before Honourable Supreme Court, who had finally decided the case. Reliance in this respect has been placed on the case Bashir Ahmad v. Zafar-ul-Islam PLD 2004 SC 298.
3. We have heard the learned counsel for parties and gone through the case-law cited by the learned A.A.-G. We are of the view that the petitioner for the relief prayed may file a Review Petition, if he wishes so, in the Honourable Supreme Court of Pakistan, which has finally decided the matter. This petition is not maintainable. It is, therefore, dismissed. H.B.T./F-20/L????????????????????????????????????????????????????????????????????????? Petition dismissed.