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MST. SAFIA BANO versus HOME DEPARTMENT, GOVERNMENT OF PUNJAB

84Ss 84 and 302 (b) Ental Mental Health Ordinance (VIII of 2001), Section 2 (l) (m) ~ Pakistan Prison Rules, 1978, RR 104 (ix) and 444 - Qatl i amd insanity defense - "Schizophrenia "C Scope - Plagued by the conviction that he was a \\\ paranoid schizophrenia patient at the time his black warrant was issued, so, before being executed, he needed medical treatment to qualify for it. , Which was valid under the Prison Rules, 1978. Validity - Depending on the level of schizophrenia stress, imbalance in nature, increasing or decreasing - in recent years, it has been diagnosed with strong psychological and social discipline. Much more than drugs through prescription AI, and Rehabilitation - Schizophrenia, therefore, was a recurring disease, which, in all cases, did not fall under the definition of mental illness as described in the Health Ordinance, 2001 trial from the trial phase. The offender pleaded in his defense to the victims of schizophrenia *, but all the courts up to the Supreme Court dismissed a mental illness request that could have led him to be considered insane - even before a court-rendered medical The record reveals that the culprit was with everyone. Psychiatric patients considered "stupid schizophrenia" up The Supreme Court observed that mental illness rules cannot be used to delay the execution of a convict, which has reached a final level at the Supreme Court. Had done. When the guilty plea was already dismissed by the President, the appeal for leave under appeal was dismissed, [Page 26, 28] B, C and D.

P L D 2017 Supreme Court 18

Present: Anwar Zaheer Jamali, C.J.,

Amir Hani Muslim and Ijaz ul Ahsan, JJ

Mst. SAFIA BANO—Petitioner

versus

HOME DEPARTMENT, GOVERNMENT OF PUNJAB and others—Respondents

Civil Petition No.2990 of 2016, decided on 27th September, 2016.

(On appeal from the order of the Lahore High Court, Multan Bench dated 23-8-2016 passed in W.P.No. 10816 of 2016).

(a) Penal Code (XLV of I860)—

—Ss 84 & 302(b)—Mental Health Ordinance (VIII of 2001), S.2(l)(m) Pakistan Prison Rules, 1978, Rr. 104(ix) & 444—Qatl-i-amd- Defence of insanity—“Schizophrenia”—Scope—Plea on behalf of convict that at the time of issuance of his black warrants he was a patient of "Paranoid schizophrenia", therefore, before his execution, he needed medical treatment so that he may be able to make a will, which was permissible under the Prison Rules, 1978—Validity— Schizophrenia was not a permanent mental disorder, rather it was an imbalance, increasing or decreasing in nature, depending on the level of stress—In recent years, its prognosis had improved with drugs, by vigorous psychological and social management, and rehabilitation— Schizophrenia, therefore, was a recoverable disease, which, in all the cases, did not fall within the definition of "mental disorder" as defined in the Mental Health Ordinance, 2001—From the stage of trial, convict took plea of suffering from ‘schizophrenia* in his defence, but all the courts up to the Supreme Court discarded such plea of mental illness, which could be made basis to term him as lunatic—Even the medical record produced before the court revealed that convict was all along considered as psychiatric patient suffering from “paranoid schizophrenia”—Supreme Court observed that rules relating to mental sickness could not be used to delay the execution of death sentence awarded to the convict, which had attained finality up to the level of the Supreme Court, and when mercy petition of convict had already been dismissed by the President—Petition for leave to appeal was dismissed accordingly, [pp. 26, 28] B, C & D

Amrit Bhushan Gupta v. Union of India AIR 1977 SC 608 ref.

(b) Medical jurisprudence—

Schizophrenia ”—Definition and explanation, [p. 22] A

New Webster’s Dictionary of the English Language; Oxford Advanced Learner’s Dictionary 7th Edition; Wharton’s Law Lexicon, Fifth Edition and Ram Narain Gupta v. Smt. Rameshwari Gupta AIR 1988 SC 2260 ref.

Syed Iqbal Hussain Shah Gillani, Advocate Supreme Court and M.A. Sheikh, Advocate-on-Record (absent) for Petitioner.

Razzaq A. Mirza, Addl. A.G., Punjab, Rizwan Saeed, Dy. Superintendent Jail, Khurram Bilal, Medical Officer and Raja Abdul Qayum, Sr. LO. Home Department for Official Respondents.

Date of hearing: 27th September, 2016.

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