Legal Case Summary

Case Details
Case ID 2cba9cf4-a812-41e9-90a3-966e66073af6
Body View case body.
Case Number Criminal Petition for Special Leave to Appeal No.1
Decision Date Jun 19, 1989
Hearing Date
Decision The Supreme Court of Pakistan granted leave to appeal against the Lahore High Court's decision to alter the death sentence of Asghar Ali for the murder of his wife, Mst. Shahida, to life imprisonment. The court considered whether the High Court had overlooked the fact that Asghar Ali was responsible not only for his wife's murder but also for the deaths of her unborn twin babies. The evidence indicated that Mst. Shahida was pregnant at the time of her death, and the court acknowledged the need to assess the implications of this fact on the sentence. The court's decision highlights the serious nature of the crime and the consideration of multiple lives lost, ultimately granting leave to appeal to revisit the sentence.
Summary This case revolves around the tragic murder of Mst. Shahida by her husband, Asghar Ali. The Supreme Court of Pakistan dealt with the implications of altering a death sentence to life imprisonment, particularly concerning the unborn twins that were also victims in this case. The court emphasized the significance of acknowledging the broader impact of the crime on multiple lives. In this decision, the court not only addresses the legal aspects of the case but also highlights the moral considerations that come into play when assessing the severity of such heinous acts. This case serves as a critical reference point in discussions about the justice system's handling of domestic violence and the protection of vulnerable lives. The decision to grant leave to appeal signifies the court's intent to ensure that justice is served not just for the immediate victim but for all lives affected by the crime. The outcome may set a precedent for future cases involving similar circumstances, where the loss of multiple lives due to a singular act of violence is in question.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD AFZAL ZULLAH, GHULAM MUJADDID, S. USMAN ALI SHAH
Lawyers Sh. Shaukat Ali, M. Muhammad Iqbal Bhatti, M. Mahmood A. Qureshi, M.B. Zaman, Rana M.A. Qadri
Petitioners NAZIR AHMED
Respondents others, ASGHAR ALI
Citations 1990 SLD 604, 1990 SCMR 415
Other Citations 1974 SCMR 271, 1974 SCMR 276
Laws Involved Penal Code (XLV of 1860), Constitution of Pakistan (1973)
Sections 302, 185(3)