these review petitions have become infructuous and are disposed of accordingly.
However, we hold that the observations of this Court in the judgment reported as
PLD 2017 SC 18 are not relevant anymore and are of no legal effect.
KANEEZAN BIBI'S CASE
(H.R.C. No. 16514-P of 2018)
78. As discussed in Para 9 above, on 17.04.2018 the then Hon'ble Chief Justice
after perusal of a report submitted by the Superintendent Central Jail Lahore
directed the office to fix the instant case along with C.R.P. No. 420 of 2016. The
case came up for hearing on 21.04.2018 and it was observed as under:"2. Let the same Medical Board, as has been constituted by this Court in the case
of Sofia Bano, be constituted for the purpose of examining Kaneezan Bibi at
Lahore. The Board shall examine her and submit a report to this Court. In
the meanwhile, the order of her execution is suspended. She shall
immediately be shifted to the Punjab Institute of Mental Health (PIMH)
under the supervision of Dr. Tahir Pervaiz, Consultant Psychiatrist PIMH.
She shall be provided the best available medical facilities."
79. The report of Medical Board has since been received vide letter dated
19.09.2019, which has been placed on record as C.M.A. No. 8851 of 2019. The
relevant portion of the report of Medical Board is reproduced herein below:"1. Medical Board examined accused Kaneezan Bibi on 14 September 2019 at
1000 hrs in Adyala Jail Rawalpindi. Mental state examination revealed, a
middle aged lady adequately kempt and fully aware of her surrounding and
environment. She was electively mute (voluntary refusal to speak). There
was no evidence of any psychotic illness (insanity) at the time of
examination, she fully communicated through gestures of hands and head...
3. After going through the available documents it is obvious that Kaneezan Bibi
was never referred to mental health services till 2000 when her co-accused
Khan Muhammad was executed and her own execution was stayed. Medical
Board is of the opinion that most likely Kaneezan Bibi developed
Depression with psychotic symptoms due to stress of her impending
execution for which she has been under treatment of mental health services
ever since.
4. Medical Board is of the opinion that it is likely the Kaneezan Bibi was not
suffering from Schizophrenia (insanity) at the time of committing crime and
for 11 years following that."
80. When this case came up for hearing on 21.09.2020, after hearing the learned
counsel for the convict and perusal of report of Medical Board, referred to above, it
was observed that Mst. Kaneezan Bibi needed re-examination. Therefore, the
Medical Board constituted for medical examination of condemned prisoner Ghulam
Abbas was directed to also examine Mst. Kaneezan Bibi and submit its report. The
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