If the apex court also upholds the death sentence, then the president of Pakistan becomes the final authority to either accept or reject the convict’s mercy appeal. PHOTO: FILE
KARACHI: The verdict in the Shahzeb Khan murder case, which has come to symbolise the triumph of good over evil for the majority of Pakistan’s society, will most likely have to undergo a lengthy legal ordeal of its own.
In the much anticipated verdict which came on Friday, the Anti-Terrorism Court (ATC) announced death sentence for Shahrukh Jatoi and Nawab Siraj Talpur and life imprisonment for Nawab Sajjad Ali Talpur and Ghulam Murtaza Lashari. The verdict, however, is subject to formal confirmation by the Sindh High Court.
“It is up to the high court to either uphold the verdict or to remand the case back to the ATC for a retrial if it finds any loopholes in the judgment,” said the in charge deputy district public prosecutor, Abdul Maroof.
The death sentence cannot be executed without confirmation by the high court, as declared mandatory under Sections 374 and 376 of the Criminal Procedure Code (CrPC).
“The trial court will send a reference containing records of the trial proceedings to the high court, seeking confirmation of the sentences awarded or otherwise under Section 31(2) of the CrPC,” Maroof told The Express Tribune.
Appeals in queue
The convicts have been given seven days to appeal against their conviction to the appellate court - Sindh High Court - under the Section 25 of the Anti-Terrorism Act 1997.
“If they fail to appeal within the stipulated time, the verdict will be considered final but even then the appellate court’s confirmation is required to actually carry out the punishment,” he said.
Once upheld by the high court, the suspects have the option to claim remedy from the Supreme Court of Pakistan by invoking its appellate jurisdictions under Article 185 of the Constitution.
In case the apex court also maintains the sentences, then under Article 45 of the Constitution, the president has the power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
“A convict on the death sentence must be hanged to death following the dismissal of his or her mercy appeal by the presidency,” said senior criminal lawyer, Farooq Ahmed.
Capital punishment in Pakistan
Pakistan is believed to be among the countries with the highest number of condemned prisoners on death row in the world - 7,164 according to the official prison records and 8,000 according to the Human Rights Commission of Pakistan.
Punjab has the highest number of prisoners on the death row, 6,604, in Pakistan followed by Sindh which has 353 prisoners.
Last week, SHC Chief Justice Mushir Alam had advocated carrying out the death sentence given to convicts to improve the deteriorating law and order situation in Karachi.
The Supreme Court’s larger bench, while heading the Karachi suo motu implementation case, had also noted with concern that executions were not taking place as convicts were bribing the authorities for delaying decisions on their mercy appeals.
Over the past five years, after the Pakistan Peoples Party was elected into power in 2008, not a single convict on the death row has been sent to the gallows. In Sindh, the last execution took place in Karachi’s central prison on February 20, 2008.
It remains to be seen if the newly elected government of Pakistan Muslim League-Nawaz will follow its predecessor in keeping executions to a minimum or pay heed to the advise of the judiciary.
Published in The Express Tribune, June 8th, 2013.
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This a chance for Chief Justice, our judiciary system, and the President of Pakistan to do one right thing and get this death penalty implemented without any further hearings or delay. And set an example of equal justice.