2019 PLP 2445 (YLR)
MUHAMMAD ISMAIL — Petitioner Versus The STATE and 4 others — Respondents
| Citation | 2019 PLP 2445 (YLR) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | Malik Haq Nawaz and Ali Baig, JJ |
| Parties | MUHAMMAD ISMAIL — Petitioner Versus The STATE and 4 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2019 PLP 2445 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP 2445 (YLR)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: Malik Haq Nawaz and Ali Baig, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP 2445 (YLR) (MUHAMMAD ISMAIL — Petitioner Versus The STATE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Nawab for Petitioner.
- Date of hearing: 25th February, 2019.
- Dy. Advocate General for the State.
- 6. The instant case was not among the untraced cases. One Shams-ur-Rehman stood trial before the learned trial Court and was acquitted, which judgment/order was maintained up to the apex Court. It has been brought into our knowledge by the learned Dy. Advocate General that a uniform policy was introduced by the Government of Gilgit-Baltistan and a sum of Rs. 300000/- (Three lac) each was paid to the legal heirs of all the families, whose nears and dears lost their lives in the violence of terrorism and also in sectarian killing.
Headnotes / Summary
S.302
Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7
Qatl-i-amd, terrorism Diyat, payment of, to the victims of terrorism
Petitioner sought implementation of order passed by Trial Court, upheld by Supreme Appellate Court, whereby it had directed the State to pay diyat amount to the legal heirs of victims
Trial Court dismissed the petition on the ground that as a uniform policy Provincial Government had paid Rs. 3,00,000 as compensation to the legal heirs of all the families who were victims of violence and terrorism and lost their lives
Case was not untraced one
One accused had stood trial and was acquitted
Provincial Government having paid a sum of Rs. 3,00,000 each to the legal heirs of all the families, whose nears and dears had lost their lives in the violence of terrorism
Judgment & Decree
MALIK HAQ NAWAZ, J.
The instant revision petition has been filed by the petitioner against the judgment/order passed by the learned trial Court on 28.06.2018.
2. The brief facts of the case as narrated in the revision petition are that on 24-08-2010, some unknown persons short dead Imran Hussain by opening fire shot on him. First Information Report No. 223/2010 was lodged by the complainant in Police Station City Gilgit. The learned trial Court on conclusion of trial acquitted the accused Shamas-ur-Rehman but ordered payment of Diyat amount to the victim by the State vide judgment/ order dated 07.01.2012. The order of learned trial Court was upheld by this Court as well as by the Hon'ble apex Court.
3. The implementation petition filed by the petitioner has been turned down by the learned trial Court on the ground that in compliance of the order of the learned trial Court in TC Nos. 31/2010 and 32/2010, the Provincial Government of Gilgit-Baltistan has paid Rs. 300000/- (Three lac) as compensation to the legal heirs of deceased Imran Hussain as mentioned in letter No. SOH-i(23)/ compensation/ 2010 (F&A) dated 30.10.2015 issued by the Government of Gilgit-Baltistan Home and Prison Department Secretariat Gilgit.
4. We have also gone through the judgment of Hon'ble apex Court passed in Cr. PLA No. 04/2011, the relevant para of judgment has also been highlighted in the impugned judgment but for the purpose of convenience the same is reproduced again:-- "C. The State Government is liable to pay compensation to the legal heirs of victims of terrorism or of sectarian killing and in all other Criminal cases which remained untraced either because of negligence of State functionaries or otherwise or as a result of failure of State to maintain law and order situation for protection of its citizens."
5. It has rightly been held by the learned trial Court, that the Hon'ble apex Court have held that in all the cases of terrorism and sectarian killing the Government will be responsible to pay Diyat to the legal heirs of the deceased but in the cases which remained untraced.
6. The instant case was not among the untraced cases. One Shams-ur-Rehman stood trial before the learned trial Court and was acquitted, which judgment/order was maintained up to the apex Court. It has been brought into our knowledge by the learned Dy. Advocate General that a uniform policy was introduced by the Government of Gilgit-Baltistan and a sum of Rs. 300000/- (Three lac) each was paid to the legal heirs of all the families, whose nears and dears lost their lives in the violence of terrorism and also in sectarian killing.
7. We are of the view that there is no infirmity in the impugned order which is upheld and revision petition filed by the petitioner is dismissed. SA/21/GB Revision dismissed.