1991 PLP 1942 (MLD)

MUHAMMAD MUNIR KHAN, J.

The facts leading to this Criminal Miscellaneous No.274-M of 1991 filed in Criminal Appeal No.518/85, and the connected murder reference No.212/85, briefly are that Fazal-ur-Rehman alias Pappu, petitioner, was tried for the double murder of Muhammad Saddique and Muhammad Latif by the learned Additional Sessions Judge, Gujranwala, who vide his judgment dated 15-7-1985 convicted him under section 302, P.P.C. on two counts and sentenced him to death and a fine of Rs.2,000 or in default thereof one year R.I.. on each count. The appeal filed by the petitioner against his conviction was dismissed and death was confirmed on 16-1-1988 by this Court. The petitioner filed petition for special leave to appeal in the Supreme Court. During the pendency of the petition, the President of Pakistan reduced the sentence of death to that of life imprisonment, of all condemned prisoners. Pursuance to that order, the petitioner was shifted from death Cell to the General Section of the Jail to undergo life imprisonment on two counts. When petition for special leave to appeal came up for hearing before the Supreme Court, the learned counsel appearing for the petitioner did not seriously press the petition. However, he submitted that in case the above order of President of Pakistan was modified in any way, he would like to get petition for special leave to appeal revived for disposal on merits. Feeling aggrieved by the consecutive nature of the altered sentence of life imprisonment, the petitioner has filed this miscellaneous application seeking direction from this Court to the affect that the sentences of life imprisonment on two counts shall run concurrently.

2. Learned counsel for the petitioner submitted that Superintendent Jail, Kot Lakhpat, Lahore, respondent be directed to treat the life imprisonment of the petitioner on two counts as imprisonment for 25 years and not as consecutive imprisonment for 50 years.

3. We have considered the submissions made by the learned counsel with care. We are afraid, after the final disposal of the appeal and the connected murder reference, this Court has become functus officio and cannot give the direction sought for in this petition. Since the petitioner was awarded sentence of death on two counts, so there was no Option for the trial Court to make the sentences consecutive or concurrent. Furthermore, the death sentence of the petitioner on two counts has not been converted to imprisonment for life by the orders of this Court.

4. Pursuant to the above discussion, this miscellaneous petition fails and is accordingly dismissed. MA.K./271-F/L Petition dismissed.