Board", and that the Medical Board shall comprise of qualified and experienced
psychologists and psychiatrists.
(f) Penal Code (XLV of 1860)------S. 84---Criminal Procedure Code (V of 1898), Ss. 464 & 465---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)--Prisons Rules, 1978, Rr. 107 & 362---Mentally ill prisoner on death row---Whether
such prisoner should be executed---Held, that if a condemned prisoner, due to
mental illness, was found to be unable to comprehend the rationale and reason
behind his/her punishment, then carrying out the death sentence would not meet the
ends of justice---However, not every mental illness shall automatically qualify for
an exemption from carrying out the death sentence---Such exemption would be
applicable only in that case where a Medical Board consisting of mental health
professionals, certified after a thorough examination and evaluation that the
condemned prisoner no longer had the higher mental functions to appreciate the
rationale and reasons behind the sentence of death awarded to him/her---To
determine whether a condemned prisoner suffered from such a mental illness, the
Supreme Court directed the Federal Government (for Islamabad Capital Territory)
and each Provincial Government to constitute and notify, a Medical Board
comprising of qualified psychiatrists and psychologists from public sector
hospitals.
Ford v. Wainwright 477 U. S. 399 (1986); Pannetti v. Quarterman 551 U.S 930.
(2007); Madison v. Alabama 586 U.S. ____(2019); Shatrughan Chauhan and
another v. Union of India and others (2014) 3 SCC 1 and 'X' v. State of Maharashtra
(2019) 7 SCC 1 ref.
(g) Penal Code (XLV of 1860)------Ss. 84 & 302(b)---Criminal Procedure Code (V of 1898), Ss. 464 & 465---Qatli-amd---Reappraisal of evidence---Mentally ill prisoner on death row suffering
from chronic schizophrenia (insanity)---Sentence, reduction in---Conversion of
death sentence to imprisonment for life---To ascertain the mental health condition
of the accused the Trial Court merely relied upon its own observation and after
asking a few questions formed a subjective view on the matter without having
recourse to the material annexed with the application filed on behalf of accused or
any argument advanced by his counsel in support of his contentions and grounds
raised in the application filed under S.465, Cr.P.C.---Issue of mental illness of
accused was not appreciated in terms of S.465 of Cr.P.C. either before the Trial
Court, or the High Court, or before the Supreme Court---Furthermore after the
original counsel for the accused failed to appear before the High Court at the time
of hearing of his criminal appeal along with Murder Reference, the High Court
appointed some other counsel on his behalf to represent him in a rather hasty
manner and he was asked to argue the case on the next day---Such hasty approach
could not be appreciated because it was a matter of life and death for the accused--Medical Board was constituted to report about the mental health condition of the
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