SCMR 2011

2011 SCMR 200 (PLP)

MUKHTAR AHMAD — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Jail Petition No. 235 of 2009, decided on 12th November, 2009.
Honorable Judges
Mian Shakirullah Jan, and Raja Fayyaz Ahmed, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 SCMR 200 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Mian Shakirullah Jan, and Raja Fayyaz Ahmed, JJ
Parties MUKHTAR AHMAD — Petitioner Versus THE STATE — Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 SCMR 200 (PLP)?

This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 SCMR 200 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Shakirullah Jan, and Raja Fayyaz Ahmed, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 SCMR 200 (PLP) (MUKHTAR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Muhammad Taman Bhatti, Advocate Supreme Court for Petitioner.

Headnotes / Summary

(On appeal against the judgment dated 8-4-2009 passed by Lahore High Court, Lahore in Criminal Appeal No. 257 of 2004 and Murder Reference No. 4 of 2005).

S. 302(b)

Constitution of Pakistan, Art. 185(3)

Qatl-e-amd

Deceased was the wife of the accused

Contention was that Walis of the victim who were minor children, were direct descendants of the offender; accused, therefore, was not liable to capital punishment

Leave to appeal was granted to accused to consider the said question. M. Siddique Khan Baloch, Deputy Prosecutor-General for the State.

Judgment & Decree

MIAN SHAKIRULLAH JAN, J.

The learned counsel for the petitioner contends, inter alia, that the petitioner is not liable to capital punishment as the Walis of the victim, who are minor children, are direct descendants of the offender as the deceased was the wife of the offender/petitioner.

2. Question raised needs consideration; therefore, leave to appeal is granted. N.H.Q./M-37/SC Leave granted.