such a mental illness, the Federal Government (for Islamabad Capital Territory) and
each Provincial Government shall constitute and notify, a Medical Board
comprising of qualified Psychiatrists and Psychologists from public sector
hospitals.
67. After discussing legal aspects relevant for disposal of the issues in hand, we
would now deal with the captioned petitions separately:
IMDAD ALI'S CASE
(Crl.R P. No. 170 of 2016 in
Crl. Appeal No. 619 of 2009)
68. The delay in filing Crl. Review Petition No. 170 of 2016 has already been
condoned vide order of this Court dated 23.10.2018.
69. Further to the narration of facts in paragraphs 4 to 8 above, it is evident from
a perusal of the record that to ascertain the mental health condition of convict
Imdad Ali, the learned trial Court merely relied upon its own observation and after
asking a few questions formed a subjective view on the matter without having
recourse to the material annexed with the application filed on behalf of Imdad Ali
or any argument advanced by the learned counsel in support of his contentions and
grounds raised in the application filed under section 465, Cr.P.C. We do not
appreciate such a slipshod approach of the trial Court regarding a crucial legal issue
and the same cannot be condoned.
70. We have also observed that the issue of mental illness of Imdad Ali was not
even appreciated by the learned High Court in its true perspective. Perhaps this
oversight was on account of lack of assistance on behalf of counsel for convict
Imdad Ali. Our observation finds support from paragraph 2 of the judgment of
learned High Court, which is reproduced as under:"2. Before proceeding further it may be noted that the learned counsel for the
appellant had not turned up in this case on 4.11.2008 when the matter was
adjourned to 5.11.2008 and on 5.11.2008 on account of the written request
for adjournment the counsel being sick, the matter was adjourned for today
with appointment of counsel for the appellant at State expense as an
abundant caution, in case the learned counsel for the appellant still did not
appear and today the position is that the learned counsel for the appellant
has not bothered to enter appearance or intimate this Court any further,
therefore, we have heard Sh. Imtiaz Ahmad, advocate, the learned counsel
appointed for him at State expense and proceeded to dispose of the appeal
and the Murder Reference."
71. As earlier pointed out that during trial, a counsel at State expense was
appointed to represent the condemned prisoner Imdad Ali and on unwillingness of
the said counsel to conduct trial, another counsel was appointed also at State
expense. Furthermore, when the original counsel for the convict Imdad Ali failed to
appear before the learned High Court at the time of hearing of his criminal appeal
along with Murder Reference, the learned High Court appointed some other counsel
on his behalf to represent him in a rather hasty manner and he was asked to argue
the case on the next day. This hasty approach cannot be appreciated because it was
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