| Case ID |
2b9d7859-99d2-446d-b47f-421d381db4cd |
| Body |
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| Case Number |
C.P. No. 2990 of 2016 |
| Decision Date |
Sep 27, 2016 |
| Hearing Date |
Sep 27, 2016 |
| Decision |
The Supreme Court dismissed the petition filed by Mst. Safia Bano seeking to delay the execution of her husband Imdad Ali's death sentence on the grounds of his mental health. The court found that the plea of insanity had been consistently raised and rejected throughout the judicial process, including at the trial, appellate stages, and during the mercy petition. The court emphasized that the mental health of the convict was considered at all levels and that the verdicts had established that the convict was not sufficiently substantiated as being of unsound mind. The ruling reaffirmed the finality of the death sentence, emphasizing that mental health provisions do not defer execution when the sentence has been confirmed at the highest level. The petition was thus dismissed, allowing the execution to proceed. |
| Summary |
In the case of C.P. No. 2990 of 2016, the Supreme Court of Pakistan addressed the execution of Imdad Ali, who was convicted of murder and sentenced to death. His wife, Mst. Safia Bano, petitioned the court, claiming that her husband suffered from paranoid schizophrenia and required medical treatment before execution. The court reviewed the mental health evaluations and previous court findings, ultimately concluding that the plea of insanity had been adequately considered and dismissed at all judicial levels. The court ruled that the execution would not be delayed based on the mental health claims, emphasizing the importance of finality in capital punishment cases. The decision reaffirmed the legal principles surrounding mental health and criminal liability, highlighting that the established legal framework does not permit the re-agitation of previously adjudicated pleas to delay executions. This case underscores the intersection of mental health law and the criminal justice system, particularly regarding the rights of convicts facing capital punishment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM, JUSTICE,
IJAZ-UL-AHSAN, JUSTICE,
ANWAR ZAHEER JAMALI, CHIEF JUSTICE
|
| Lawyers |
Syed Iqbal Hussain Shah Gillani, ASC,
Mr. M.A. Sheikh, AOR,
Mr. Razzaq A. Mirza, Addl. AG, Pb.
|
| Petitioners |
MST. SAFIA BANO
|
| Respondents |
HOME DEPARTMENT, GOVERNMENT OF PUNJAB,
Syed Iqbal Hussain Shah Gillani,
Mr. Razzaq A. Mirza,
Mr. Rizwan Saeed,
Mr. Khurram Bilal,
Raja Abdul Qayyum
|
| Citations |
2017 SLD 259,
2017 PLJ 46
|
| Other Citations |
Not available
|
| Laws Involved |
Prison Rules, 1978,
Mental Health Ordinance, 2001,
Pakistan Penal Code, 1860
|
| Sections |
104(IX),
445,
446,
447,
2(1)(m),
302(b)
|