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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AYUB KHAN VS Respondent: SUPERINTENDENT, CENTRAL JAIL ETC.S
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Sheikh Anwarul Haq Title: MUHAMMAD AYUB KHAN vs SUPERINTENDENT, CENTRAL JAIL ETC.S Case No.:Criminal Petition for Special Leave to Appeal No. 538 of 1978 C. P. S. L. A. No.
182 of 1978 Date of Judgment:1979-12-06 Reported As: 1979 SCMR 302 Result: Petition dismissed Judgment ORDER NASIM HASAN SHAH, J.-This petition was argued along with C. P. S. L. A. No. 182 of 1978. Besides adopting the arguments presented by Mr. Asghar A.I, Advocate, Sh. Masud Akhtar, Advocate-on- Record submitted that the petitioner had moved a mercy petition before the Prime Minister who ordered stay of execution on 21-5-1977, but he is not in a position to state what further orders have been passed on this application. He submits that another petition was moved towards the end of 1977 by. The sisters and mother of the petitioner and they are also unaware of any order having been passed thereon. He further submits that the petitioner moved the Provincial Government for mercy, but no action has been taken on this application. It is quite clear that the mercy petition filed by the petitioner ha been dismissed at one stage and unless on the bass of the subsequent mercy petition said to have been filed, mercy is in fact, extended to the petitioner, and sentence of death commuted, the Order already passed must hold the field. In Muhammad Sadiq and another (C. P. S. L. A. No. 182 of 1978) it has been held that the discretion of the President in a mercy petition was not liable to interference in the exercise of writ jurisdic--petition. No cognizance of the subsequent petition filed by the petitioner can be taken. This petition fails, and is dismissed hereby.
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