| Case ID |
36c7a732-3b41-42ca-a7a9-4df06e554c43 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 567 of 2014 |
| Decision Date |
Feb 24, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal made by Zafar Iqbal against his conviction for the murders of five individuals. The Court found that the trial court had provided adequate legal representation, despite the appellant's insistence on choosing his own counsel. The appellant had been offered multiple opportunities to cross-examine witnesses and present his defense but chose not to engage with the legal process. The Court emphasized that the right to counsel does not imply that the State must pay for a lawyer of the accused's choosing if he cannot afford one. The Court ruled that, although the appellant had been convicted under the Anti-Terrorism Act, the trial should have proceeded under the Pakistan Penal Code as the crime occurred before the enactment of the Anti-Terrorism Act. However, the Court found no grounds for altering the conviction or sentence, stating that the appellant's actions constituted premeditated murder, and thus the death sentence was upheld. |
| Summary |
In the case of Zafar Iqbal vs The State, the Supreme Court of Pakistan addressed significant legal principles regarding the right to legal representation and the application of the Anti-Terrorism Act. The appellant, Zafar Iqbal, was convicted for the murders of five individuals and sentenced to death under the Anti-Terrorism Act, 1997. The Court examined whether the appellant had been denied a fair trial due to issues concerning legal representation. It was determined that the trial court had made efforts to provide counsel, and the accused's refusal to accept this assistance did not constitute a violation of his rights. The Court held that the appellant's insistence on choosing his own counsel and his failure to engage with the trial process led to his conviction being upheld. This case highlights the complexity of legal representation rights and the judiciary's role in ensuring fair trial standards. Keywords: Supreme Court of Pakistan, legal representation, Anti-Terrorism Act, fair trial, Pakistan Penal Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
IQBAL HAMEEDUR RAHMAN,
QAZI FAEZ ISA
|
| Lawyers |
Sardar M. Ishaq Khan,
Sahibzada Ahmed Raza Qasuri,
Zulfiqar Ahmed Bhutta,
Zubair Ahmed Farooq
|
| Petitioners |
ZAFAR IQBAL
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 70,
2015 PLD 307
|
| Other Citations |
Hassan v. State PLD 2013 SC 793,
Khalid Iqbal v. Mirza Khan PLD 2015 SC 50
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Anti Terrorism Act, 1997
|
| Sections |
302(b),
10(1),
10A,
7(a)
|