MUHAMMAD IQBAL YEARS ON DEATH ROW: 21 AGE AT THE TIME OF ARREST: 17 Muhammad Iqbal was just 17 years old when he was convicted of a shooting in Mandi Bahauddin in 1999. The Special Court, Gujranwala determined his age to be 17 following a court-mandated ossification test, confirming that he was a juvenile. Yet, he was sentenced to death under the problematic Anti-Terrorism Act (ATA). Iqbal’s death sentence was in gross violation of the Juvenile Justice System Ordinance and Presidential Notification. After having spent more than half his life in prison, Iqbal’s death sentence was commuted to life imprisonment in June 2020. He was released after it was established that he had already served a sentence equal to life imprisonment. IMPRISONED AT: MANDI BAHAUDDIN JAIL LATEST UPDATE: Iqbal released after his death sentence was commuted by the Lahore High Court CASE TIMELINE 1998 10th Jul: Incident occurs at 12:30am in Mandi Bahauddin, Punjab 1999 28th Jun: Iqbal’s ossification test confirms that he was a juvenile at the time of the alleged offence 5th Jul: Trial Court sentences Iqbal to death under the ATA; and determines his age to be 17 years 16th Sept: Criminal Appeal filed in LHC BACKGROUND Muhammad Iqbal, also known as Bali, comes from a poor family hailing from a village near Mandi Bahauddin. Friends and neighbours describe him as mildmannered, with deep-rooted respect for authority. Iqbal was only 17 years old when he was sentenced to death in 1999 for fatally shooting a man. He spent more than half his life on death row. The FIR states that Iqbal and four others surrounded a wagon near Mandi Bahauddin. Upon being surrounded, the driver of the vehicle reversed the car in an attempt to escape. As a reaction, shots were fired that smashed the windscreen, and injured the driver and three passengers. They were moved to a hospital, where one of the four injured parties succumbed to their injuries. Iqbal was arrested two months after the incident and a Special Court judge in Gujranwala sentenced him to death under the Anti-Terrorism Act (ATA). Suspecting that he was a juvenile, the prosecution moved an application before the trial court to determine Iqbal’s age through an ossification test. It was subsequently determined that his age was 17 years at the time of the alleged offence. The trial court also held in its judgment that Iqbal was a minor at the time of the occurrence. 2000 1st Jul: Juvenile Justice System Ordinance (JJSO) passed prohibiting execution of juveniles 2001 13th Dec: Presidential Notification issued granting remission to juvenile offenders whose death sentences had been confirmed prior to the enactment of the JJSO 2002 20th Mar: LHC dismisses appeal 11th Sept: SC dismisses appeal 2004 9th Jun: Petitioner withdraws Criminal Review Petition in Supreme Court due to compromise between the parties Continued on Page 2 In fact, ossification tests were conducted on all five of the accused which determined three to be juveniles. All but Iqbal were given life sentences, including the ones found not to be juveniles. Iqbal was the only one handed the death sentence – despite his juvenility being recognized. The basis for his sentence was dubious eyewitness testimonies, made even more problematic by the fact that the offence took place at 12:30am, in a street with no lights. FORGIVEN BY COMPLAINANTS In Pakistan, the accuser and accused can reach a compromise of forgiveness or financial settlement and a pardon may be issued. In 2004, the complainants in Iqbal’s case – i.e. the victim’s family – withdrew their petition and forgave Iqbal. The son of the victim, Waheed Ahmad, said that they believe Iqbal has already spent several years in imprisonment and that alone is punishment enough. They categorically stated that they do not want Iqbal hanged. However, due to the non-compoundable nature of the problematic Anti-Terrorism Act (ATA), under which Iqbal was convicted, all his appeals were rejected and he remained on death row for 21 years.