| Case ID |
2054ec01-0583-46df-81d9-2a85734af58d |
| Body |
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| Case Number |
Review Petition No.5 of 1986 in Criminal Petition |
| Decision Date |
Jan 07, 1987 |
| Hearing Date |
Jan 07, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the review petition filed by the petitioner, Mahmood alias Moonda, against the order dated October 28, 1986, in Criminal Petition No. 136 of 1982. The dismissal was based on two primary grounds: the delay in executing the order, which resulted in the petitioner being detained in a death cell for seven years and as an under-trial prisoner for three years, and the assertion that the petitioner was a youthful offender at the time of the crime. However, since these grounds were not presented during the initial hearing of the petition, they could not be considered for mitigation of the sentence according to established practice. Therefore, the review petition was deemed to lack substance and was dismissed. |
| Summary |
In the case of Review Petition No.5 of 1986 in Criminal Petition No. 136 of 1982, the Supreme Court of Pakistan addressed crucial issues relating to the review of a criminal appeal. The petitioner, Mahmood alias Moonda, sought a review of a previous order, citing prolonged detention and his status as a youthful offender. The court reiterated the principle that grounds for review must have been presented during the original hearing, emphasizing the procedural fairness and integrity of the judicial process. This case highlights the complexities of criminal law and the challenges faced by individuals seeking redress in higher courts. It serves as a reminder of the importance of timely and effective legal representation in capital cases, particularly in the context of constitutional protections afforded by the Constitution of Pakistan. Legal practitioners and advocates should take note of this decision as it reinforces the necessity of thorough preparation and the strategic presentation of arguments during appellate proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.
|
| Lawyers |
Shaukat Ali, Senior Advocate Supreme Court,
Hamid Aslam Qureshi, Advocate-on-Record
|
| Petitioners |
MAHMOOD allias MOONDA
|
| Respondents |
THE STATE
|
| Citations |
1987 SLD 1647,
1987 SCMR 850
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
188
|