released from the hospital as and when the said Medical Board opines that they are
fit for themselves and for the society.
GHULAM ABBAS'S CASE
(Const. Petition No. 09 of 2019)
83. As discussed in Paras 10 and 11 above, the conviction and sentence of death
awarded to Ghulam Abbas were maintained up to this Court and even the review
petition filed by him stands dismissed.
84. A Medical Board constituted by this Court vide order dated 21.09.2020 was
directed to examine Ghulam Abbas and submit a report whether he is suffering
from any mental illness. The said report has since been received and placed on
record as C.M.A. No. 7386 of 2020. The Medical Board has concluded in the said
report as under:"Conclusion: On the basis of formal and informal assessment of Ghulam Abbas,
it is concluded that though he was aware of his surroundings, i.e.; Jail or
hospital but he was unable to understand and comprehend instructions for
the tests administered on him. His performance shows the presence of
neurological illness and impaired cognitive functioning which is further
validated by his estimated IQ (<59) according to his performance on Benton
Visual Retention Test (BVRT) and Standard Progressive Matrices (SPM).
Thus, on the basis of his formal and informal assessments, it is concluded
that Ghulam Abbas was having cognitive / intellectual impairment.
At the time of testing and while admitted in the hospital, he was having
psychotic symptoms as well, which affected his ability to comprehend tests
instructions as well as performance on different tests administered on him.
Therefore, it is suggested to keep him under observation and appropriate
treatment be provided (for example: his behavior in the ward, interaction
with other patients and doctors for a period of time.) till he is recovered
from psychosis. Reassessment by a Board of Professionals is recommended
after six months."
85. It has been observed by us that Ghulam Abbas has exhausted all the remedies
available to him under the law. However, the plea taken by him that he is suffering
from mental illness is endorsed by the report of the Medical Board constituted by
this Court, alluded to in the preceding paragraph. Though, it has come on record
that a mercy petition filed by condemned prisoner Ghulam Abbas was rejected by
the President of Pakistan yet there is nothing on record to show whether the ground
of mental illness was taken into consideration while dismissing the mercy petition.
Keeping in view the judgment of this Court reported as Moinuddin and others v.
The State and others28, whereby a fresh mercy petition was directed to be
submitted on behalf of condemned prisoners, and on consideration of the peculiar
circumstances of the instant case, we direct the concerned Jail Superintendent to
ensure that a fresh mercy petition is filed on behalf of condemned prisoner Ghulam
Abbas. The mercy petition is to be prepared in accordance with relevant Prison
Rules and submitted to the President of Pakistan mentioning therein the plea of
mental illness taken by condemned prisoner Ghulam Abbas along with copies of his
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents