| Case ID |
f9ce988e-11a2-4496-a3d2-8ee9f5e12257 |
| Body |
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| Case Number |
Writ Petition No. 24302 of 2019 |
| Decision Date |
Mar 13, 2020 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petition, commuting the death sentence of Muhammad Iqbal alias Bali to imprisonment for life. The court determined that the petitioner, being a juvenile at the time of the offence, was entitled to the benefits of the Juvenile Justice System Ordinance, 2000, and the Presidential Notification which provided for special remissions for juvenile offenders. The court found it unjust for authorities to deny the petitioner the benefits available under the law, especially as the legal heirs of the victim had pardoned him. The court emphasized that the enforcement of law, particularly when it favours an accused, should not be restricted on any grounds. |
| Summary |
This case revolves around the application of the Juvenile Justice System Ordinance, 2000 and the Pakistan Penal Code, 1860. The petitioner, Muhammad Iqbal alias Bali, was sentenced to death for Qatl-i-amd but was a juvenile at the time of the offence. The Lahore High Court ruled that the petitioner should receive the benefits of the law that prohibits the death penalty for juveniles. The court highlighted the importance of international treaties, such as the United Nations Convention on the Rights of Children and the International Convention on Civil and Political Rights, which Pakistan is a signatory to, reinforcing the protection of juvenile offenders. The decision underscores the need for fair treatment of juveniles in the criminal justice system, ensuring that they are not subjected to the death penalty, and that their cases are handled with the consideration their age and the legislative intent of protective laws. The ruling sets a precedent for similar cases and reinforces the judicial system's commitment to upholding the rights of juveniles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QASIM KHAN,
JUSTICE ASJAD,
JAVAID GHURAL
|
| Lawyers |
Barrister Sarah Belal,
Orubah Sattar Ahmad,
Zainab Mehboob,
Sana Farrukh,
Mahmood Iftikhar Ahmad Zufar,
Ahmad Hassan Khan Niazi,
Mehr Muhammad Iqbal,
Imran Khan Kulair,
Sardar Jamal Sukhera,
Malik Abdul Aziz Awan,
Zafar Hussain Ahmad
|
| Petitioners |
MUHAMMAD IQBAL ALIAS BALI
|
| Respondents |
Iqbal Hussain,
PROVINCE OF PUNJAB THROUGH SECRETARY HOME, PUNJAB,
Dr. Qadeer Alam,
Aamir Shehzad,
Hafiz Qamar Abbas
|
| Citations |
2020 SLD 1923,
2020 PLD 739
|
| Other Citations |
Ziaullah v. Najeebullah and others PLD 2003 SC 656
|
| Laws Involved |
Pakistan Penal Code, 1860,
Juvenile Justice System Ordinance, 2000
|
| Sections |
302(b),
7
|