move an application before the learned trial Court to summon, as a Court witness,
the Doctor who examined Imdad Ali, before the occurrence.
6. Thereafter, an application was moved before the trial Court on behalf of
Imdad Ali for summoning Dr. Ihtisham ul Haq, Medical Officer, Services Hospital
Lahore. The said application was dismissed by the trial Court vide order dated
07.05.2002.
7. This order of the learned trial Court dated 07.05.2002 was challenged before
the learned Lahore High Court, Multan Bench Multan through Criminal Revision
No. 185 of 2002. Vide order dated 14.05.2002, a report was called from the doctor
posted at New Central Jail, Multan regarding the mental health condition of Imdad
Ali. The doctor was also directed to specify the disease, if any, and to opine
whether the same was periodical or permanent. However, on 25.02.2002 when the
case was taken up by the learned High Court, no one on behalf of convict Imdad Ali
put in an appearance and the criminal revision was dismissed for non-prosecution.
After the close of prosecution evidence, Imdad Ali was examined under section
342, Cr.P.C, as required under the law. Thereafter, his wife Mst. Safia Bano
appeared as DW-1. She stated before the trial Court that 3-4 years prior to the
occurrence, Imdad Ali occasionally talked about "supernatural beings" and
"metaphysical elements" but "symptoms of abnormality" became usual one year
prior to the occurrence. She further stated that prior to the occurrence, Imdad Ali
was examined by Dr. Ihtisham ul Haq who recommended him for treatment at the
Mental Hospital, Lahore.
8. On conclusion of the trial, Imdad Ali was convicted by the trial Court under
section 302 Pakistan Penal Code, 1860 (P.P.C.) on 29.07.2002 and sentenced to
death. The appeal filed by him was dismissed by a Division Bench of the learned
Lahore High Court, Multan Bench, Multan on 07.11.2008 and murder reference
was answered in the affirmative and his sentence of death was confirmed.
Thereafter, he filed a jail petition before this Court wherein leave to appeal was
granted on 13.11.2009, which culminated into Crl. Appeal No. 619 of 2009 and the
same was also dismissed vide judgment dated 19.10.2015 and his death sentence
was upheld. Imdad Ali did not file any review petition against the said judgment.
However, he filed a mercy petition which was dismissed by the President of
Pakistan on 17.11.2015. When black warrants were issued for execution of Imdad
Ali on 26.07.2016, Mst. Safia Bano (wife of Imdad Ali) filed an application before
the learned Sessions Judge, Vehari on 21.07.2016 praying therein that in order to
examine the mental health condition of her husband (Imdad Ali), a Medical Board
may be constituted and his execution may be stayed. The learned Additional
Sessions Judge, Vehari dismissed the said application on 22.07.2016. Thereafter,
Mst. Safia Bano filed a constitution petition (W.P. No. 10816 of 2016) before the
Lahore High Court, Multan Bench, Multan, against dismissal of application by the
learned Additional Sessions Judge, Vehari. The High Court dismissed the writ
petition on 25.07.2016, whereafter Mst. Safia Bano filed C.P. No. 2990 of 2016
before this Court assailing the order of the learned High Court, which was
dismissed by this Court vide judgment dated 27.09.2016. Mst. Safia Bano has now
filed C.R.P. No. 420 of 2016. Additionally, C.R.P. No. 424 of 2016 has been filed
by the Inspector General of Prisons, Punjab, for review of the judgment of this
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