released from the hospital as and when the said Medical Board opines that they are fit for themselves and for the society. GHULAM ABBAS'S CASE (Const. Petition No. 09 of 2019) 83. As discussed in Paras 10 and 11 above, the conviction and sentence of death awarded to Ghulam Abbas were maintained up to this Court and even the review petition filed by him stands dismissed. 84. A Medical Board constituted by this Court vide order dated 21.09.2020 was directed to examine Ghulam Abbas and submit a report whether he is suffering from any mental illness. The said report has since been received and placed on record as C.M.A. No. 7386 of 2020. The Medical Board has concluded in the said report as under:"Conclusion: On the basis of formal and informal assessment of Ghulam Abbas, it is concluded that though he was aware of his surroundings, i.e.; Jail or hospital but he was unable to understand and comprehend instructions for the tests administered on him. His performance shows the presence of neurological illness and impaired cognitive functioning which is further validated by his estimated IQ (<59) according to his performance on Benton Visual Retention Test (BVRT) and Standard Progressive Matrices (SPM). Thus, on the basis of his formal and informal assessments, it is concluded that Ghulam Abbas was having cognitive / intellectual impairment. At the time of testing and while admitted in the hospital, he was having psychotic symptoms as well, which affected his ability to comprehend tests instructions as well as performance on different tests administered on him. Therefore, it is suggested to keep him under observation and appropriate treatment be provided (for example: his behavior in the ward, interaction with other patients and doctors for a period of time.) till he is recovered from psychosis. Reassessment by a Board of Professionals is recommended after six months." 85. It has been observed by us that Ghulam Abbas has exhausted all the remedies available to him under the law. However, the plea taken by him that he is suffering from mental illness is endorsed by the report of the Medical Board constituted by this Court, alluded to in the preceding paragraph. Though, it has come on record that a mercy petition filed by condemned prisoner Ghulam Abbas was rejected by the President of Pakistan yet there is nothing on record to show whether the ground of mental illness was taken into consideration while dismissing the mercy petition. Keeping in view the judgment of this Court reported as Moinuddin and others v. The State and others28, whereby a fresh mercy petition was directed to be submitted on behalf of condemned prisoners, and on consideration of the peculiar circumstances of the instant case, we direct the concerned Jail Superintendent to ensure that a fresh mercy petition is filed on behalf of condemned prisoner Ghulam Abbas. The mercy petition is to be prepared in accordance with relevant Prison Rules and submitted to the President of Pakistan mentioning therein the plea of mental illness taken by condemned prisoner Ghulam Abbas along with copies of his

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