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-07- 0RDER SHEET IN THE FEDERAL SHARIAT COURT OF PAKISTAN (Original Jurisdiction) ***** Sh. Petition No. 01/1of2018. (Gul Wali Vs. Secretary Law, Govt. of Pakistan etc) ...... ...... ------- 05. DATE 15-04-2019 Islamabad PRESENT Mr. Muhammad Khurshid Khan, Advocate for the petitioner. Mr. M. Pervez Khan Tanoli, Assistant Attorney General for Pakistan. Syed Wajid Ali Gillani, Additional Advocate General, Punjab. Mr. Ahsan Hameed Dogar, Advocate on behalf of A.G, Sindh. Mr. Walliyat Khan, Assistant Advocate General, KPK. Mr. Muhammad Fareed Dogar, Assistant Advocate General Baluchistan. F ozia Jalal, legal director council of Islamic ideology. Pre-admisison Notice. Learned counsel for the petitioner is present and ready to argue the case. However, the learned Assistant Attorney General seeks sometime to file written comments on behalf of Federal Government. He is allowed to do so. The Assistant attorney General for Pakistan as well as all the representatives of Provincial Governments are directed to file their written comments separately within a fortnight. Fozia Jalal, legal director, has submitted recommendations on behalf of Islamic ideology council. The same have been taken on record. Obviously, in the above circumstances, the case cannot proceed and is, therefore, adjourned to a date in office. ,·$/2 . ' MR. JUSTICEDR. FIDA MUHAMMAD KHAN ~ MR. JUSTICEMEHM"60D MAQBOOL BAJWA MR. JUSTICESYED ~HAMM.in FAROOQ SHAH 'Faryad Ali'

選擇目標文字3

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Gulwali Khan

案件摘要

司法管轄

巴基斯坦

案件標題: Gulwali v. Secretary Law, Govt. of Pakistan etc.

作案時年齡: 16

作案時年齡組: 未成年（18歲以下）

性别: 男性

犯罪時的宗教信仰: 伊斯蘭教

弱勢 / 邊緣群體身份

未成年人

司法轄區 - 地理定位

緯度: 30.3753

經度: 69.3451

司法轄區 - 地理定位 (已連結案件摘要): 巴基斯坦

瑞慈合作機構

Justice Project Pakistan (巴基斯坦)

該國最新死刑狀態

保留死刑

案件現狀: 進行中: 待審

判處死刑年份: 1990s: 1995

執行方式: 絞刑

涉嫌侵犯的權利

公正審判與正當程序權利: 公正調查與信息披露
尊嚴權利: 禁止執行死刑的理由
酷刑: 酷刑/殘忍、不人道或有辱人格的待遇或處罰（CIDT

死刑所涉罪名的性質

謀殺: 一名受害者

專家證據

法醫 / 醫學證據: 屍檢 / 死後檢驗
法醫 / 醫學證據: 醫學檢查（被害人 / 被告，年齡鑑定等）

案件背景 (最多300字): Gulwali Khan, son of Said Ghuwas, was arrested for the murder of Mazhar-ul-Haq, Resident Director of Lakson Tobacco Group of Companies, who was killed by strangulation on the night between 31st May 1995 and 1st June 1995 at his residence in Sector F-6/3, Islamabad. The case involved three accused: Ghulam Khaliq, Mushtaq Ahmed, and Gulwali Khan. They were charged under Sections 302, 34, 460, and 380 PPC for murder, common intention, housebreaking by night, and theft.

The FIR No. 69/1995 was registered at Police Station Kohsar, Islamabad. The accused were arrested on 8th July 1995. According to the prosecution, Gulwali Khan and Ghulam Khaliq had previously worked as domestic servants for the deceased and were dismissed with unpaid salaries, leading to a motive for revenge. The prosecution relied on judicial confessions, which the defense claimed were extracted through coercion and police torture. The defense also pointed out the lack of eyewitnesses and motive.

The Trial Court sentenced Gulwali Khan to death on 23rd February 1997. The High Court upheld the conviction on 14th November 2002, while altering Ghulam Khaliq’s death sentence to life imprisonment. The Supreme Court dismissed Gulwali Khan’s appeal on 28th January 2011, affirming the death sentence due to a lack of mitigating circumstances.

Gulwali Khan later filed a petition in the Federal Shariat Court in 2018, challenging the mode of execution, but subsequently withdrew it. He remains on death row at Central Jail, Haripur, after decades of legal proceedings.

辯方意見 (最多200字): The defense in Gulwali Khan's case presented several arguments to challenge the prosecution’s claims and the legitimacy of the conviction:

No Eyewitnesses or Direct Evidence: The defense argued that none of the accused were named in the FIR, and there were no eyewitnesses to the murder of Mazhar-ul-Haq. The prosecution’s case relied heavily on circumstantial evidence and confessions.

Coerced Confessions: The defense contended that the judicial confessions of Gulwali Khan and the co-accused were obtained through coercion and police torture. These confessions were later retracted by the accused, undermining their reliability and voluntariness.

Lack of Motive: The defense argued that there was no clear motive for the accused to commit the murder. While the prosecution claimed unpaid salaries were a motive, the defense highlighted the lack of substantial evidence to support this claim.

Violation of Legal Safeguards: The defense pointed out that the accused were not afforded fair trial rights, and proper legal representation was lacking, as state-appointed counsel represented them.

These arguments raised serious concerns about the integrity of the evidence and the fairness of the trial process.

判决摘要 (最多200字): In the final judgment delivered by the Supreme Court of Pakistan on 28th January 2011, Justice Nasir ul Mulk upheld the death sentence of Gulwali Khan. The Court found that Gulwali Khan had a clear motive for revenge after being dismissed from employment without pay following an allegation of theft. His judicial confession corroborated with those of the co-accused, and the evidence, including medical findings, supported the prosecution's case. The Court ruled that there were no mitigating circumstances to alter the death sentence initially imposed by the Trial Court.

While the death sentence of co-accused Mushtaq Ahmed was converted to life imprisonment, Gulwali Khan’s appeal (Crl. Appeal No. 71/2005) was dismissed.

Headnotes:

Motive and Common Intention – Gulwali Khan’s motive of revenge was established, supporting the conviction under Section 302 PPC. Judicial Confessions – Confessions, corroborated by medical evidence, held admissible despite claims of coercion. Mitigating Circumstances – Lack of mitigating factors justified the upholding of the death penalty. Co-Accused – The sentence of co-accused Mushtaq was reduced to life imprisonment, distinguishing his case from Gulwali Khan’s.

獲得法律代理的情況

第二次上訴階段: 公益律師
偵查前階段: 國家法律援助
審判階段: 國家法律援助
上訴階段: 國家法律援助

與罪名相關的立法: Section 302 PPC Section 34 PPC Section 460 PPC Section 380 PPC Section 342 CrPC Section 368 CrPC Section 374 CrPC

司法判例: State v. Muhammad Sarwar (PLD 1997 SC 87) Mst. Khurshid Bibi v. The State (PLD 1997 SC 324) Ghulam Dastgir v. The State (PLD 2002 SC 529) Muneer Ahmed v. The State (2001 SCMR 1964) The State v. Muhammad Iqbal (PLD 2003 SC 122)

案件摘要錄入狀態: 完成

案件材料語言

英語

該案例摘要是否已收錄？: No

主要文檔

PRIV_Juvenile_Gulwali_Compilation of all orders of FSC+Appliaction.pdf
English
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Death Penalty Defence - Asia

選擇目標文字3

Gulwali Khan

主要文檔

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