1987 PLP 1407 (SCMR)
MEHR DIN‑‑Petitioner Versus THE HOME SECRETARY, GOVERNMENT OF THE PUNJAB‑‑Respondent
| Citation | 1987 PLP 1407 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | MEHR DIN‑‑Petitioner Versus THE HOME SECRETARY, GOVERNMENT OF THE PUNJAB‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1407 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1407 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1407 (SCMR) (MEHR DIN‑‑Petitioner Versus THE HOME SECRETARY, GOVERNMENT OF THE PUNJAB‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Zubair, A.A.‑G. for Respondent.
- Date of hearing: 23rd May, 1987
- Shaukat Ali, Advocate Supreme, Court for the Petitioner.
- Q.M. Salim, Advocate Supreme Court for the Complainant.
- Muhammad Aslam, Advocate‑on‑Record for Caveator.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 15‑2‑1987 in Writ Petition No. 712 of 1987) ‑‑‑S. 302‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Jail Manual‑ Detention in condemned prisoner's cell‑‑Justification of‑‑Convict under a sentence of death‑‑Question arising whether he could be detained in condemned prisoner's cell before his sentence of death was confirmed and before his appeal against conviction was disposed of‑‑Appeals of both accused against their convictions and sentences of death having been dismissed by Supreme Court, their confinement in condemned prisoners cells was no longer open to any objection‑‑Case not being a fit case where question raised need be answered, leave to appeal refused in circumstances. Shaukat Ali, Advocate Supreme, Court for the Petitioner. Q.M. Salim, Advocate Supreme Court for the Complainant. Muhammad Aslam, Advocate‑on‑Record for Caveator.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the judgment dated 15‑2‑1987 of the Lahore High Court whereby the constitutional petition of the petitioner was dismissed.
2. The question raised in this petition is whether a convict under a sentence of death can be placed by the jail authorities in a condemned prisoner cell before his sentence has been confirmed and before his appeal against his conviction and sentence has been disposed of. This question has been raised with reference to two persons. They were tried together with a number of other persons on a number of charges including two counts under section 302 of the Pakistan Penal Code. One of them was sentenced to death by the trial Court. His sentence was confirmed by the High Court. The other was sentenced to imprisonment for life by the trial Court but the High Court enhanced his sentence to death. The appeals of both persons against their convictions and sentences were dismissed by this Court. That being so, their confinement in the condemned prisoners cells at present is not open to any objection. In the circumstances this is not a fit case where the question now being raised need to be answered. The petition in accordingly dismissed M.I./M‑115/S Petition dismissed