has served out more than the alternate sentence provided under S.302(b), P.P.C. i.e.
imprisonment for life---On such score, it was a fit case where principle of
legitimate expectancy of life could be invoked---Conviction of accused under
Ss.302(b)/34, P.P.C. on six counts was maintained, however, her sentence of death
on six counts was converted into imprisonment for life on six counts---Supreme
Court directed the Provincial Government to immediately shift the accused from
prison to Punjab Institute of Mental Health for treatment and rehabilitation in
accordance with provisions of Prisons Rules, 1978; that on the completion of her
sentence, she shall be examined afresh by the Medical Board required to be notified
by the Provincial Government, and that she shall be released from the hospital as
and when the said Medical Board opined that she was fit for herself and for the
society.
(j) Penal Code (XLV of 1860)------Ss. 84, 302(b), 324 & 449---Constitution of Pakistan, Art. 45---Prisons Rules,
1978, Rr. 101, 104 & 107---Qatl-i-amd, attempt to commit qatl-i-amd, house
trespass in order to commit offence punishable with death---Reappraisal of
evidence---Mentally ill prisoner on death row having cognitive/intellectual
impairment---Fresh mercy petition before the President, filing of---Accused had
exhausted all the remedies available to him under the law, however, the plea taken
by him that he was suffering from mental illness was endorsed by the report of the
Medical Board constituted by the Supreme Court---Though, it had come on record
that a mercy petition filed by the accused was rejected by the President yet there
was nothing on record to show whether the ground of mental illness was taken into
consideration while dismissing the mercy petition---Supreme Court directed that
the concerned Jail Superintendent shall ensure that a fresh mercy petition was filed
on behalf of the accused; that the mercy petition was prepared in accordance with
relevant Prisons Rules, 1978 and submitted to the President mentioning therein the
plea of mental illness taken by the accused along with copies of his entire medical
history/record, copies of report of Medical Board constituted by the Supreme Court
and a copy of present judgment, and that till disposal of the mercy petition, the
accused shall be immediately shifted to Punjab Institute of Mental Health in
accordance with provisions of Prisons Rules, 1978 for his treatment and
rehabilitation---Constitution petition was disposed of.
Moinuddin and others v. The State and others PLD 2019 SC 749 ref.
(k) Penal Code (XLV of 1860)------S. 84---Criminal Procedure Code (V of 1898), Ss. 464 & 465---Prisons Rules,
1978, Chap. 18---Mental Health Ordinance (VIII of 2001) [as amended by the
Punjab Mental Health (Amendment) Act (XI of 2014), Ss. 2(m) & 2(n)---Sindh
Mental Health Act (L of 2013), Ss. 2(n) & 2(o)---Khyber Pakhtunkhwa Mental
Health Act (XVII of 2017), Ss. 2(l), 2(m), 2(n), 2(o) & 2(q)---Balochistan Mental
Health Act (IX of 2019), Ss. 2(n) & 2(o)---Mentally ill prisoners under trial or on
death row---Directions issued by the Supreme Court with respect to establishment
of secure Mental Health Facilities, constitution of Medical Boards for examination
and evaluation of prisoners, launch of training programs on forensic mental health
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