prisoners. The relevant Rules to which our attention has been drawn are reproduced
herein below:Rule-107.---The following instructions are laid down for the preparation and
submission of mercy petition of condemned prisoners by the Superintendent
of the prison:(i) Each and every mercy petition submitted by a condemned prisoner shall
simultaneously be addressed to the President of Pakistan, Islamabad and the
Governor of the Province and should be in duplicate.
(ii) If the petition is submitted in Urdu or any other language it shall be
accompanied by a carefully prepared translation in English in duplicate,
which to ensure its accuracy should be examined by the Superintendent. The
documents shall be attested by the Superintendent.
(iii) The mercy petition roll, in duplicate, shall also accompany the petition.
(iv) In case where the condemned prisoner takes plea of young or old age,
unsound mind or ill-health, two copies of the Medical report by the Medical
Officer, of the prison shall also be submitted, stating therein the correct age,
ailment, infirmity, etc., as the case may be.
(v) If in the opinion of the Superintendent and the Medical Officer the prisoner
was below 18 years of age on the date of occurrence of the crime or above
60 years on the date of submission of mercy petition, a copy of the birth
certificate or particulars of birth viz date of birth of the prisoner and the
name of the union council or committee and the district where the entry of
birth was recorded may be obtained from the relatives of the prisoner and
forwarded to Government.
(vi) All correspondence pertaining to condemned prisoner shall always be made
in pink coloured envelopes inscribed. "Death case Immediate" standardized
for use in all prisons.
Rule-362. (i) The Superintendent and Deputy Superintendent will visit the
condemned prisoner in his cell a few minutes before the hour fixed for
execution. The Superintendent shall first identify the prisoner as the person
named in the warrant and read out a translation of the warrant and sequence
of rejection of appeal and mercy petitions in national or regional language to
the prisoner in the presence of the Coordination Officer. Any other
document requiring signature by the prisoner, such as his will, shall
thereafter be signed by him and attested by the Coordination Officer. The
Superintendent will then proceed to the scaffold; the prisoner remaining in
his cell. In the presence of the Deputy Superintendent the hands of the
prisoner will next be pinioned behind his back and his fetters (if any)
removed."
59. Rule 107 (iv) makes it obligatory upon the Superintendent of the prison to
submit two copies of the medical report along with a mercy petition to the
President of Pakistan and the Governor of the Province, in case where the
condemned prisoner takes a plea of mental illness. Rule 362 read with the language
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