Court dated 27.09.2016. Crl.R.P. No. 170 of 2016 has also been filed by the State
through Prosecutor General Punjab, praying therein that judgment dated 19.10.2015
passed in Crl. Appeal No. 619 of 2009 may be reviewed and the sentence of death
awarded to Imdad Ali be converted into imprisonment for life on account of his
mental illness.
KANEEZAN BIBI'S CASE
(Human Rights Case (H.R.C.) No. 16514-P of 2018)
9. Mst. Kaneezan Bibi (aged about 24 years at the time of commission of
offence) along with her co-convict Khan Muhammad was tried by the learned
Additional Sessions Judge, Toba Tek Singh for committing murder of Mst. Maryam
Bibi, Aslam, Shaukat, Liaqat, Mst. Razia and Mst. Safia on the night between
27/28.7.1989, in the area of Police Station Pir Mahal, Tehsil Kamalia, District Toba
Tek Singh. On conclusion of trial, the said Court vide its judgment dated
07.01.1991 convicted her under section 302(b)/34, P.P.C. and she was sentenced to
death on six counts. A criminal jail appeal filed by her against her conviction and
sentence was dismissed by the Lahore High Court, Lahore vide judgment dated
01.03.1994 and murder reference sent by the trial Court for confirmation or
otherwise of her sentence of death was answered in the affirmative and her sentence
of death on six counts was confirmed. Her criminal appeal was dismissed by this
Court on 02.03.1999 without there being any alteration in her conviction and
sentence. As reported by office, Mst. Kaneezan Bibi did not file any review petition
against the judgment of this Court. The mercy petition filed by her was also
dismissed by the President of Pakistan on 19.01.2000. Thereafter, the convict Mst.
Kaneezan Bibi filed C.P.L.A. No. 1925-L of 2010 against the dismissal of her writ
petition by the learned Lahore High Court Lahore vide order dated 22.07.2010, for
converting her sentence of death to imprisonment for life on the ground of mental
ailment but the same was dismissed by this Court on 02.12.2010. Subsequently, her
execution was stayed for three weeks by the President of Pakistan and she was
referred to Punjab Institute of Mental Health (PIMH), where she was found to be
suffering from schizophrenia. It is relevant to mention here that neither during trial
nor before the learned High Court at the time of hearing of her appeal was the plea
of mental ailment urged on her behalf. On 17.04.2018, the then Hon'ble Chief
Justice after perusal of a report submitted by the Superintendent Central Jail,
Lahore took suo motu notice and thereafter the instant case i.e. H.R.C. No. 16514-P
of 2018 was ordered to be clubbed with C.R.P. No. 420 of 2016 (Imdad Ali's case).
GHULAM ABBAS'S CASE
(Constitution Petition No. 9 of 2019)
10. Ghulam Abbas (aged about 23 years at the time of commission of offence)
was indicted by the learned Additional Sessions Judge, Rawalpindi on 04.04.2005
for committing murder of Wajid Ali and for murderous assault on Mst. Saima Bibi
(wife of Wajid Ali) on 02.09.2004 in the area of P.S. R.A. Bazar Rawalpindi. On
conclusion of trial, the said Court, vide its judgment dated 31.05.2006, convicted
him under section 302(b), P.P.C. and sentenced him to death. He was also convicted
under sections 449 and 324, P.P.C. and sentenced to different terms of
imprisonment. The criminal appeal filed by him against his conviction and sentence
was dismissed by the Lahore High Court, Rawalpindi Bench, Rawalpindi on
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