| Case ID |
2e8a9858-481e-43ff-a093-e1dba1407bdd |
| Body |
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| Case Number |
Criminal Petition No. 110-L of 2001 |
| Decision Date |
May 22, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Aziz Muhammad against the judgment of the Lahore High Court dated January 23, 2001. The respondents were initially arrested on February 12, 1985, and sentenced to death by a Military Court, remaining in the Death Cell until December 10, 1991. On appeal, the case was remanded to the Sessions Court for retrial, which convicted the accused under sections 302/34 of the Pakistan Penal Code, sentencing them to life imprisonment with the benefit of section 382-B of the Criminal Procedure Code. The Supreme Court held that since the accused had already served a substantial and legal sentence for the offense of murder, imposing another sentence for the same offense would violate Article 13 of the Constitution of Pakistan and section 403 of the Criminal Procedure Code. Therefore, the petition was dismissed. |
| Summary |
In the landmark decision of Criminal Petition No. 110-L of 2001, the Supreme Court of Pakistan addressed crucial issues related to the Pakistan Penal Code and the Constitution of Pakistan. Aziz Muhammad filed a petition challenging the Lahore High Court's decision to convict him under Sections 302 and 34 of the Pakistan Penal Code, which pertain to murder and criminal liability. Initially sentenced to death by a Military Court in 1985, Aziz Muhammad remained in the Death Cell until 1991. Upon appeal, the case was remanded to the Sessions Court, which subsequently reduced the sentence to life imprisonment under the Criminal Procedure Code. The Supreme Court emphasized the importance of Article 13 of the Constitution, which safeguards against double jeopardy, ensuring that an individual cannot be punished multiple times for the same offense. By referencing pivotal cases such as Mst. Razia Begum v. Jehangir and others and Mst. Promilla and others v. Safeer Alam and others, the Court reinforced the principle that once a substantial and legal sentence has been served, imposing an additional sentence violates constitutional protections. This decision underscores the judiciary's commitment to upholding constitutional rights and ensuring fair legal processes. Legal experts and scholars have lauded the judgment for its clear stance on double jeopardy and its adherence to constitutional mandates, setting a precedent for future criminal appeals. The involvement of seasoned advocates like Talib H. Rizvi and Abdul Rauf Farooqui highlighted the case's significance, drawing attention to the intricate balance between state authority and individual rights. This case serves as a critical reference for understanding the interplay between different sections of the Penal Code and the overarching constitutional framework governing criminal justice in Pakistan. Moreover, the decision contributes to the broader discourse on human rights and the legal safeguards necessary to prevent unjust sentencing, making it a pivotal study for legal practitioners and students alike. The Supreme Court's ruling not only resolved the immediate legal dispute but also reinforced the foundational legal principles that govern Pakistan's criminal justice system, ensuring that justice is administered fairly and without redundancy. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Aziz Muhammad,
Qamar Iqbal
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
KHALIL-UR-REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Talib H. Rizvi, Senior Advocate Supreme Court,
C. M. Latif, Advocate-on-Record,
Abdul Rauf Farooqui, Advocate Supreme Court
|
| Petitioners |
AZIZ MUHAMMAD
|
| Respondents |
QAMAR IQBAL and others
|
| Citations |
2003 SLD 916,
2003 SCMR 579
|
| Other Citations |
Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302,
Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
13,
185(3),
403,
382B
|