| Case ID |
1765bf99-c922-4987-ad6d-c295c2152046 |
| Body |
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| Case Number |
103-L of 2001 |
| Decision Date |
Feb 06, 2002 |
| Hearing Date |
Feb 06, 2002 |
| Decision |
The Supreme Court of Pakistan, after thorough examination of the case details, has refused the petitioners' leave to appeal. The court considered the substantial evidence presented, including the prompt recording of the F.I.R., the credible eyewitness testimonies, and medical evidence supporting the occurrence of the incident at the main gate of the complainant's house. The prosecution established the motive and the presence of incriminating weapons. The defense's arguments were found unsubstantiated, and the integrity of the witnesses was upheld despite cross-examination. Consequently, the leave to appeal was declined, and the sentences of death imposed on the petitioners were upheld by the Supreme Court. |
| Summary |
In the landmark case of GHULAM ALI and another vs THE STATE, adjudicated by the Supreme Court of Pakistan on February 6, 2002, the petitioners sought leave to appeal against their death sentences imposed under the Penal Code sections 302 and 34, as well as under Article 185(3) of the Constitution of Pakistan. The case revolved around the brutal killing of Mukhtar Ali by the petitioners and their accomplices, an act that led to severe legal repercussions. The court meticulously reviewed the evidence, which included a promptly recorded F.I.R., credible ocular testimonies, and medical reports confirming the injuries sustained by the victim. The involvement of key entities such as the complainant Talib Hussain strengthened the prosecution's stance. Despite the defense's attempts to undermine the established facts by questioning the timing of the incident and the medical evidence presented by Dr. Mian Tahir Javed, the Supreme Court upheld the integrity of the prosecution's case. The conviction was solidified by the recovery of blood-stained weapons and the clear motive derived from the incident's context. The judges Qazi Muhammad Farooq, Tanvir Ahmed Khan, and Khalil-ur-Rehman Ramday delivered a decisive judgment denying the appeal, thereby enforcing the original death sentences. This case underscores the judiciary's commitment to upholding the rule of law, ensuring justice is served, and emphasizes the critical role of prompt and accurate legal procedures in criminal prosecutions in Pakistan. Trending topics related to the case include criminal justice reform, the effectiveness of eyewitness testimony, the impact of constitutional provisions on criminal sentencing, and the role of the Supreme Court in shaping legal precedents in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE STATE,
GHULAM ALI
|
| Judges |
QAZI MUHAMMAD FAROOQ,
TANVIR AHMED KHAN,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Malik Saeed Hassan,
Ch Mehdi Khan Mehtab,
Nemo
|
| Petitioners |
GHULAM ALI
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 1355 = 2002 SCMR 1205
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
34,
185(3)
|