| Case ID |
37dfc16e-6d99-4ea9-a107-6fee5e086dc7 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No. 463-L of 2004 |
| Decision Date |
Aug 03, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court determined that the High Court had become functus officio and had no jurisdiction to clarify or interpret its previous decision. The court ruled that the accused, Muhammad Anwar, was found guilty under section 302(b) of the Penal Code for the murder of two individuals, resulting in a death sentence for each count by way of Ta'zir, not Qisas. The court clarified that even if a compromise was made by one legal heir, it did not affect the execution of the death sentence under Ta'zir. The court emphasized the importance of rectifying the earlier classification of the sentencing to ensure justice was served according to the law. |
| Summary |
In the case of Muhammad Anwar vs. Saeed Akhtar and others, the Supreme Court of Pakistan addressed the complexities surrounding murder convictions under section 302(b) of the Penal Code. The court examined the jurisdiction of the Lahore High Court in light of a previous decision that had merged into the Supreme Court's ruling. This case highlighted the principles of Qisas and Ta'zir, and the implications of compromises made by legal heirs in capital punishment cases. The ruling reinforced the notion that a death sentence imposed as Ta'zir remains executable regardless of compromises, emphasizing the legal framework governing murder sentencing in Pakistan. It also pointed to the necessity for clarity in legal classifications to ensure justice prevails, referencing previous case law to support its decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHARY,
M. JAVED BUTTAR
|
| Lawyers |
Rao Munawar Khan, Advocate Supreme Court,
Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioner,
Muhammad Sohail Dar, A.A.G.,
Mian Ghulam Hussain, Advocate Supreme Court for Respondents,
Muhammad Ameen Javed, Advocate Supreme Court for the Complainant
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
others,
SAEED AKHTAR
|
| Citations |
2004 SLD 2923,
2004 PLD 911
|
| Other Citations |
Khalil-uz-Zaman v. Supreme Appellate Court, Lahore and 4 others PLD 1994 SC 885,
Faqir Ullah v. Khalil-uz-Zaman and others 1999 SCMR 2203
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973),
Supreme Court Rules 1980
|
| Sections |
302(b),
374,
Arts.185(3),
Arts.187,
O.XXXIII, R.6
|