P L D 2019 Lahore 330 (PLP)

Through this constitutional petition, Muhammad Ameen petitioner seeks direction of this Court to respondents Nos.1 to 3 to the effect that Imran Ali convict (respondent No.4) should be hanged publically who is confined in Central Jail Lahore in case FIR No.08/2018 dated 04.01.2018 offences under sections 364-A, 376, 377, 302(b), 363 and 201, P.P.C. read with section 7 (a) of Anti-Terrorism Act, 1997 registered at Police Station A-Division, Kasur.

2. Learned counsel for the petitioner contended that Imran Ali was convicted and sentenced to death by learned Judge Anti-Terrorism Court Lahore in the aforesaid case; that against his conviction and sentence, Imran Ali convict preferred appeal before this Court which was dismissed; that thereafter Imran Ali preferred appeal before august Supreme Court of Pakistan which was also dismissed; that Mercy Petition filed by aforesaid condemned prisoner was dismissed by President of Islamic Republic of Pakistan; that death warrant of Ali Imran has been issued and signed by learned trial court for its execution on 17.10.2018; that alleged act of the condemned prisoner was absolutely horrendous and barbaric as the crime was committed by the condemned prisoner with a minor and innocent girl aged about 7/8 years, therefore, in order to deter such crime from the society the death sentence of Imran Ali convict be conducted publically; that section 22 of Anti-Terrorism Act, 1997 empowers the Government to change the venue of execution of sentence of death of any condemned prisoner. Thus, it is submitted that by accepting this petition, direction be issued to respondents Nos.1 to 3 for making arrangement for execution of sentence of death of Imran Ali convict publically.

3. Learned Assistant Advocates General Punjab have vehemently opposed this petition on the ground that section 22 of Anti-Terrorism Act, 1997 does not provide for the execution of death sentence of any condemned prisoner at public place; that according to Rule 354 of the Pakistan Prisons Rules 1978 the execution of sentence shall take place at District Prison of the District in which the prisoner was sentenced; that petitioner has neither approached the Government nor learned Judge Anti-Terrorism Court, who issued death warrant of Ali Imran and signed for its execution on 17.10.2018, rather, he (petitioner) has directly approached this Court for the said purpose. Thus, it is submitted that instant petition is liable to be dismissed.

4. We have heard the arguments of learned counsel for the petitioner, learned Assistant Advocates General Punjab and perused the available record with care.

5. Admittedly Imran Ali condemned prisoner was awarded death penalty by learned trial court. His appeal up to the level of august Supreme Court of Pakistan was dismissed. Mercy Petition filed by aforesaid condemned prisoner was also dismissed by President of Islamic Republic of Pakistan. The death warrant of Imran Ali has already been issued by learned trial court and signed for its execution on 17.10.2018.

6. Section 22 of Anti-Terrorism Act, 1997 is reproduced as under:- Manner and place of execution of sentence. The Government may specify the manner, mode and place of execution of any sentence passed under this Act, having regard to the deterrent effect which such execution is likely to have. According to aforesaid section this Court has no jurisdiction to change the venue of execution of sentence of death of any condemned prisoner, rather, it empowers the Government to specify the manner, mode and place of execution of any sentence passed under aforesaid Act. It has been noticed that prior to the filing of instant petition, Muhammad Amin petitioner preferred an application before Home Secretary Govt. of the Punjab/respondent No.1 for changing the place of execution of death sentence of Imran Ali convict and said application is pending adjudication before respondent No.1 and same has not been decided by him (respondent No.1) till yet. The petitioner did not bother to pursue the aforesaid application, rather, he (petitioner) filed the instant petition before this Court seeking execution of death sentence of convict publically therefore instant petition is not maintainable. The petitioner has not approached the learned trial court who issued death warrant of Imran Ali and signed for its execution on 17.10.2018. Rule 354 of Pakistan Prisons Rules 1978 clearly provides that executions shall normally take place at the District Prison of the District in which the prisoner was sentenced. The Article 25 read with Article 4 of the Constitution of Islamic Republic of Pakistan 1973 provides for equal protection of law to all citizens and all the persons be treated equally. Moreover Article 9 of the Constitution protects life and liberty of every person residing in its territory. If death sentence of Imran Ali condemned prisoner is conducted publically, then there are chances of public aggression which may cause danger to his life before execution of his death sentence and the lives of public. Article 14 (1) of the Constitution of Islamic Republic of Pakistan, 1973, which is contained in the Chapter relating to fundamental rights, provides as follows:- "14. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable." Perusal of aforesaid provision of Constitution reveals that the dignity as well as self-respect of every man has become inviolable and this guarantee is not subject to law but is an unqualified guarantee. It has further been observed, that, undoubtedly, the crime in which the accused has been found to be guilty is barbaric and it is shameful for any civil society which no society should tolerate but a barbaric crime does not have to be visited with a barbaric penalties such a public hanging. The Court has always to act in accordance with the principle of law and must confine itself within the parameter laid down by the Constitution.

7. For what has been discussed above, instant petition having no force stands dismissed. MWA/M-59/L Petition dismissed.