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P L D 2021 Supreme Court 488 Present: Manzoor Ahmad Malik, Sardar Tariq Masood, Ijaz ul Ahsan, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ Civil Review Petition No. 420 of 2016 in Civil Petition No. 2990 of 2016 (To review the judgment dated 27.09.2016 passed by this Court in C.P. No. 2990 of 2016) Civil Review Petition No. 424 of 2016 in Civil Petition No. 2990 of 2016 (To review the judgment dated 27.09.2016 passed by this Court in C.P. No. 2990 of 2016) Criminal Review Petition No. 170 of 2016 in Criminal Appeal No. 619 of 2009 (To review the judgment of this Court dated 19.10.2015 passed by this Court in Criminal Appeal No. 619 of 2009) Human Rights Case No. 16514-P of 2018 (Matter regarding treatment of condemned prisoner, Kaneezan Bibi confined in Central Jail, Lahore) Constitution Petition No. 09 of 2019 (Regarding suspension of death sentence of condemned prisoner Ghulam Abbas on the ground of mental illness) Mst. SAFIA BANO and another---Petitioners Versus HOME DEPARTMENT GOVERNMENT OF PUNJAB through Secretary and others---Respondents Civil Review Petitions Nos. 420, 424 of 2016 in Civil Petition No. 2990 of 2016, Criminal Review Petition No.170 of 2016 in Criminal Appeal No. 619 of 2009, Human Rights Case No. 16514-P of 2018 and Constitution Petition No.9 of 2019, decided on 7th January, 2021. (a) 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)---Mental illness/disorder---Definition of terms 'mental illness' and 'mental disorder' as found in jurisdictions of the United Kingdom and India. (b) 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)

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Imdad Ali

CASE BRIEF

Jurisdiction

Pakistan

Case Title: Safia Bano v Home Department, Government of Punjab

Age at Offence: 38

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Islam

Vulnerable/ Marginalised Group

Person with Disabilities: Mental

Jurisdiction - Geolocation

Latitude: 30.3753

Longitude: 69.3451

Jurisdiction - Geolocation (linked CASE BRIEF): Pakistan

Contributing TRP Partner

Justice Project Pakistan (Pakistan)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2000s: 2002

Method of Execution: Hanging

Rights Allegedly Violated

Fair Trial and Due Process: Competency to stand trial
Dignity: Right to health
Torture: Solitary confinement

Nature of Offences for Death Penalty

Murder: Single Victim

Expert Evidence

Mental Health: Other
Mental Health: Psychiatrist
Mental Health: Psychologist

Case Background (300 words max): Imdad Ali, a former electrician from Vehari, was 38 years old at the time of the offense. In 2001, he was charged with the murder of Hafiz M. Abdullah, whom he shot with a rifle. Despite pleading not guilty, he was convicted under Section 302(b) PPC and sentenced to death. Concerns regarding his mental health were raised during the trial. His defense counsel filed an application under Section 465 Cr.P.C. to determine his fitness to stand trial, but the trial court dismissed it without a thorough medical evaluation.

Signs of Imdad Ali’s paranoid schizophrenia were evident years before the incident, with symptoms like delusions and erratic behavior observed by his wife, Safia Bano. He was officially diagnosed in 2012, though medical records from 2009 documented psychiatric issues. A 2013 medical report deemed him “insane” and classified his condition as a “treatment-resistant case”.

Despite this, the Supreme Court of Pakistan ruled in 2016 that schizophrenia was not a mental disorder warranting exemption from execution. This controversial decision led to public outrage and advocacy efforts. Following the Safia Bano judgment in 2021, which prohibited the execution of prisoners unable to comprehend their punishment, Imdad’s execution was stayed. The Court ordered his transfer to the Punjab Institute of Mental Health (PIMH) for treatment and rehabilitation.

Imdad Ali's case remains a significant precedent in protecting the rights of mentally ill prisoners in Pakistan’s criminal justice system.

Defence Arguments (200 words max.)

Mental Illness Diagnosis: Imdad Ali's defense argued that he suffered from paranoid schizophrenia, officially diagnosed by jail authorities in 2012, with symptoms documented as early as 2009. His condition was classified as severe and “treatment-resistant", rendering him incapable of understanding his actions or the legal proceedings.
Fitness to Stand Trial: The defense filed an application under Section 465 Cr.P.C. to assess his mental fitness for trial, emphasizing that his mental illness impaired his ability to comprehend the charges and defend himself adequately.

3.Testimonies and Evidence: Imdad’s wife, Safia Bano, testified about his deteriorating mental state, mentioning his delusions and erratic behavior years before the offense. The defense also sought to call Dr. Ihtisham-ul-Haq for corroborative medical testimony, which was denied by the trial court.

Violation of Legal and Human Rights: The defense highlighted that executing a mentally ill person violates domestic law (Section 84 PPC) and international obligations under the ICCPR and the UN Convention on the Rights of Persons with Disabilities.

These arguments underscored that his mental condition should mitigate his culpability and exempt him from the death penalty.

Judgement with Headnotes (200 words max): Headnotes:
Mental Illness and Execution: Execution of a prisoner suffering from severe mental illness, such as paranoid schizophrenia, violates constitutional and international human rights obligations.
Fitness to Stand Trial: Courts must conduct a proper inquiry under Section 465 Cr.P.C. when mental illness is alleged. Subjective observations are insufficient without medical evidence.
Legal Precedent: The Safia Bano judgment established that prisoners who cannot comprehend the rationale for their punishment cannot be executed.
Judgment Summary:
The Supreme Court stayed Imdad Ali’s execution, acknowledging his diagnosis of paranoid schizophrenia and the failure of the trial and high courts to adequately consider his mental state. The Court criticized the lack of a comprehensive medical inquiry during his trial. Imdad Ali’s case was clubbed with the Safia Bano judgment, leading to a landmark ruling that prohibits executing mentally ill prisoners unable to understand their punishment. The Court ordered his transfer to the Punjab Institute of Mental Health (PIMH) for treatment and rehabilitation. This decision aligns Pakistan’s judicial practice with international human rights standards.

Legal Representation Received

Second Appeal: Pro bono
Pre-trial: State Legal Aid
Trial: State Legal Aid
Appeal: State Legal Aid

Special Procedures Used

Amicus Curiae / "Watching Brief"
National Human Rights Institutions
UN Bodies

Legislation Related to the Offence(s): Section 302(b) – Pakistan Penal Code (PPC), 1860 Punishment for Qatl-i-amd (intentional murder): Death sentence or life imprisonment.

Section 84 – Pakistan Penal Code (PPC), 1860 Acts of a person of unsound mind: Exemption from criminal liability if, at the time of the offense, the person was incapable of understanding the nature of the act.

Section 465 – Code of Criminal Procedure (Cr.P.C.), 1898 Inquiry into the mental condition of the accused to determine fitness to stand trial.

Section 466 – Code of Criminal Procedure (Cr.P.C.), 1898 Procedure for dealing with an accused found to be of unsound mind.

Section 471 – Code of Criminal Procedure (Cr.P.C.), 1898 Provision for the detention of mentally ill prisoners.

Rule 107 and Rule 362 – Pakistan Prison Rules, 1978 Rules for submitting medical reports with mercy petitions and procedures before execution.

Judicial Precedents: Safia Bano v. Home Department, Punjab (PLD 2021 SC 488) Ford v. Wainwright (US Supreme Court, 1986) Panetti v. Quarterman (US Supreme Court, 2007) Shatrughan Chauhan v. Union of India (Indian Supreme Court, 2014)

Case Brief Entry Status: Complete

Language of Case Materials

English

Primary Documents

P L D 2021 Supreme Court 488.pdf
English
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Death Penalty Defence - Asia

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Imdad Ali

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