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LHC JUDGEMENT
2005
In a landmark judgement, a two-member divisional bench of the Lahore High
Court allowed the petition filed by Justice Project Pakistan and commuted Iqbal’s
death sentence to life imprisonment. Authored by Hon’ble Chief Justice of LHC
Muhammad Qasim Khan and Justice Asjad Javaid Ghural, the judgement relied on
the Presidential Notification No. F.8/41/2001-Ptns, Article 37 (a) of UNCRC and
Article 6 Paragraph 5 of ICCPR protecting juvenile offenders from the death
penalty. The judgement reads:
“....firstly the international legislation and secondly our domestic
legislation impose a clear ban on the infliction of death penalty on an
accused under the age of eighteen years, thus, the claim of the petitioner
to seek benefit which otherwise, was fully available to him under the
policy, having the force of law, could not have been denied….”
The court also established that in cases like Iqbal where the juvenility of the
offender is not in question, matters of commutation are not required to be
referred to the Presidency.
THE LEGAL BASIS FOR COMMUTATION
JUVENILE JUSTICE SYSTEM ORDINANCE (JJSO)
Section 12 of the Juvenile Justice System Ordinance (JJSO) – now repealed
and replaced by Juvenile Justice System Act (JJSA) – prohibits the
sentencing to death of any person who was under 18 at the time of his/her
alleged offence. The JJSO came into force in 2000 – almost two years after
the issuance of Iqbal’s death sentence by the trial court.
PRESIDENTIAL NOTIFICATION
In 2001, the President of Pakistan issued Notification No. F.8/41/2001Ptns, in exercise of his powers under Article 45 of the Constitution of
Pakistan, 1973, granting remission to those juvenile offenders whose
death sentences had been confirmed prior to the enactment of the JJSO
on the basis of an inquiry into their juvenility. In fact, Iqbal was listed as
one of the prisoners that would benefit from this notification as he
fulfilled the criteria for retrospective force.
UN CONVENTION ON THE RIGHTS OF THE CHILD
The United Nations Convention on the Rights of the Child (CRC), ratified by
Pakistan in November 1990, dictates under Article 37 (a) that “neither
capital punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below 18 years of
age.”
ICCPR
Pakistan is also a party to the International Convention on Civil and Political
Rights (ICCPR), wherein Article 6, Paragraph 5 of the ICCPR provides
explicitly: “Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age.”
16th Jul: Anti-Terrorism Court, Gujranwala,
dismisses application for acquittal on
grounds of compromise
22nd Jul: Writ petition filed in LHC against
order of the trial court
2006
13th Nov: LHC dismisses petition stating
that no illegality was committed by the
trial court
2007
21st Feb: SC dismisses appeal on the
ground that offences under the ATA are
non-compoundable
2016
16th Mar: Mercy petition rejected
26th Mar: Black warrant issued, scheduling
execution for 30th March
28th Mar: Civil review petition filed in SC on
basis of compromise, juvenility under JJSO
and double punishment; execution stayed
2017
28th Apr: SC dismisses civil review petition
3rd Jul: National Commission for Human
Rights orders interim relief for Iqbal, on a
complaint filed by JPP on Iqbal’s behalf
2018
13th Feb: Writ petition filed in Lahore High
Court under Article 199 for enforcement
of fundamental Rights
4th May: Home dept issues order after
holding inquiry into Iqbal’s claim,
forwards
mercy
reference
for
commutation to Punjab Chief Minister
8th Jun: Chief Minister approves
commutation of death sentence and
requests President to act on it
2020
6th Feb: Lahore High Court commutes
Iqbal’s death sentence to life
imprisonment on the basis of juvenility
30th Jun: Iqbal released from jail after it is
established that he has already served his
life sentence
Justice Project Pakistan is a legal action organization based in Lahore that represents the most vulnerable
Pakistani prisoners facing the harshest punishments, at home and abroad. JPP investigates, litigates,
educates, and advocates on their behalf. In recognition of its work, in December 2016, JPP was awarded
with the National Human Rights Award, presented by the President of Pakistan.
For more information, email: communications@jpp.org.pk
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