Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Review Petitions Nos. 1‑R and 2‑R of 1976, decided on 1st March 1976.
(On review against the order of the Court dated the 24th of July, 1975 in Jail Petitions Nos. 13‑R and 14‑R of 1975).
----Arts. 185(3) & 188 read with Supreme Court Rules, 1956, O. XXVI, r. 1 and Secret Circular No. 8,/11/71‑Ptns., dated 21‑12‑ 1971‑Review Petition for Leave to Appeal badly barred by time but sentences of death being involved delay condoned‑Review petition also barred by 73 days and no satisfactory explanation for such delay .furnished‑Benefit of general amnesty granted by President in 1971 as per Secret Circular No. 8/11/71‑Ptns., dated 21‑12‑1971 also not available to petitioners due to death sentence having been confirmed by High Court much later than date of issue of circular and not pending execution on such date‑Petitions dismissed as barred by limitation.‑
Mian Nazir Akhtar, Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate‑on‑Record (absent) for Petitioners.
Nemo for‑ the State.
Date of hearing : 1st March 1976.
These two review Petitions are from an order of this Court dated the 24th of July, 1975, dismissing on merits the petitioners' petitions for special leave to appeal sent from Jail.
The petitions for leave had become barred by 532 days and 178 days but as they involved sentences of death, the delay had been condoned and the petitions considered and disposed of on merits.
The present review petitions again are barred by 73 days. There is no satisfactory explanation at all for this delay. Admittedly the petitioners came to know of the decision of this Court on the 23rd of August, 1975, and they filed the present review petitions on the 24th of October, 1975. The only explanation for the delay between the 23rd of August, 1975 and 24th of October 1975 was that the petitioners had' asked for permission to engage a counsel for arguing the petitions and they waited for a reply all this time.
The only ground for review urged before us is that the petitioners are entitled to the benefit of a general amnesty granted by the President in the year 1971. An ordinary copy of Secret Circular No. 8/11/71‑Ptns, dated the 21st of December, 1971, relating to the general amnesty has been produced before us in support of the contention. The Circular runs as follows :‑---
"President has been pleased to commute to transportation for life all death sentences awarded by ordinary criminal Courts which are pending execution."
The Circular does not apply to the present case inasmuch as the death sentence was confirmed by the High Court only on the 25th of June, 1973, and it was not pending execution on the 21st of September, 1971. In any event this is not a ground for review. The petitioners, if so advised, may approach the appropriate authorities.
The petitions are dismissed as barred by limitation.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer