| Case ID |
14fbf72c-ec68-412d-9add-753be3151c53 |
| Body |
View case body. Login to View |
| Case Number |
Crl. P. No. 460-L of 2005 |
| Decision Date |
Dec 11, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition challenging the High Court's decision to suspend the death sentence of the respondent, Shoaib alias Labba. The court found no grounds for interference with the High Court's discretion, as it did not suffer from any serious illegality, legal infirmity, or error of jurisdiction. The High Court had the authority to suspend the sentence while it was seized with the appeal of the respondent and co-convicts. The decision emphasized that the suspension was based on the assessment that the respondent's involvement was limited to ineffective firing in the air, and that the appeal would take considerable time to resolve. As a result, the petition was dismissed and the respondent was ordered to be released immediately. |
| Summary |
In the case of Crl. P. No. 460-L of 2005, the Supreme Court of Pakistan addressed the appeal regarding the suspension of the death sentence of Shoaib alias Labba. The High Court had previously suspended the sentence, leading to this petition. The Supreme Court reviewed the circumstances, particularly the nature of the allegations against the respondent and the decisions made by the trial court. The court concluded that the High Court acted within its jurisdiction and discretion, and there was no basis for interfering with its decision. The ruling underlined the importance of judicial discretion in capital punishment cases and the need for a thorough evaluation before imposing such severe penalties. The case highlights the ongoing issues surrounding qatl-i-amd (murder) and the complexities of legal appeals in Pakistan's judicial system. Key legal terms include jurisdiction, capital punishment, and the role of appellate courts in reviewing trial court decisions. This case serves as a significant point of reference for future cases involving similar legal intricacies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SARDAR MUHAMMAD RAZA KHAN,
FALAK SHER
|
| Lawyers |
Mr. Muhammad Afzaal Siddiqui, ASC,
Mian Atta-ur-Rehman, AOR,
Mr. Khurram Latif Khosa, ASC,
Mr. Faiz-ur-Rehman, AOR,
Chaudhry M. Sadiq, Additional Advocate General Punjab
|
| Petitioners |
MALIK ATTIQUE
|
| Respondents |
SHOAIB alias LABBA
|
| Citations |
2007 SLD 3290,
2007 PLJ 273
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
Art. 185(3)
|