Legal debate: Can penalty under ATA be commuted after compromise?
SC stays execution of convict after his son says they have reached a settlement.
SC stays execution of convict after his son says they have reached a settlement. PHOTO: AFP
LAHORE:
A two-member bench of the Supreme Court stayed on Tuesday the execution of a murder convict till further orders and sought assistance from the Punjab Prosecutor General on whether punishment under anti-terrorism law could be commuted after the complainant and the defendant arrived at a settlement.
Shahzad Ahmad, convict Allah Ditta’s son, had challenged his father’s execution saying that they had reached a settlement with the complainant.
An anti-terrorism court had sentenced Ditta in 2003 for killing a cop in an encounter. Counsel for the petitioner said after appeals against the sentence were dismissed by all legal forums, the complainant and the defendant had reached an out-of-court settlement regarding the death penalty awarded under the PPC.
He said punishment under special law of anti-terrorism was of doubtful standing after reconciliation on punishment under the PPC had taken place. The counsel said the trial court and the high court had been approached for relief in light of the agreement between the parties. However, he said, both courts had dismissed the appeals. He said the trial court had issued death warrants for Allah Ditta and he was to be hanged on Wednesday (today). The counsel asked the bench to set aside the warrants and stop the execution.
The bench headed by Justice Mian Saqib Nisar observed that the matter required a careful perusal of record as a man’s life was at stake.
The bench stayed the execution and directed the authorities to communicate the order to Kot Lakhpat Jail officials. The bench will resume hearing of the case on August 11 at the Islamabad principal seat.
Appeals for stay of execution dismissed
A division bench of the Lahore High Court on Tuesday dismissed an appeal for staying the execution of three murder convicts. Riaz, Amanullah and Muhammad Mumtaz had been sentenced to death in 2006 for killing three people in Mianwali. They are to be executed on Wednesday (today).
Counsel for the appellants told the bench that they had reached an agreement with the complainants. However, he failed to produce any of the complainants in court despite being given five hours to do so.
Published in The Express Tribune, August 5th, 2015.
A two-member bench of the Supreme Court stayed on Tuesday the execution of a murder convict till further orders and sought assistance from the Punjab Prosecutor General on whether punishment under anti-terrorism law could be commuted after the complainant and the defendant arrived at a settlement.
Shahzad Ahmad, convict Allah Ditta’s son, had challenged his father’s execution saying that they had reached a settlement with the complainant.
An anti-terrorism court had sentenced Ditta in 2003 for killing a cop in an encounter. Counsel for the petitioner said after appeals against the sentence were dismissed by all legal forums, the complainant and the defendant had reached an out-of-court settlement regarding the death penalty awarded under the PPC.
He said punishment under special law of anti-terrorism was of doubtful standing after reconciliation on punishment under the PPC had taken place. The counsel said the trial court and the high court had been approached for relief in light of the agreement between the parties. However, he said, both courts had dismissed the appeals. He said the trial court had issued death warrants for Allah Ditta and he was to be hanged on Wednesday (today). The counsel asked the bench to set aside the warrants and stop the execution.
The bench headed by Justice Mian Saqib Nisar observed that the matter required a careful perusal of record as a man’s life was at stake.
The bench stayed the execution and directed the authorities to communicate the order to Kot Lakhpat Jail officials. The bench will resume hearing of the case on August 11 at the Islamabad principal seat.
Appeals for stay of execution dismissed
A division bench of the Lahore High Court on Tuesday dismissed an appeal for staying the execution of three murder convicts. Riaz, Amanullah and Muhammad Mumtaz had been sentenced to death in 2006 for killing three people in Mianwali. They are to be executed on Wednesday (today).
Counsel for the appellants told the bench that they had reached an agreement with the complainants. However, he failed to produce any of the complainants in court despite being given five hours to do so.
Published in The Express Tribune, August 5th, 2015.