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1989 SCMR 1168

MUHAMMAD AMIN VS STATE

Petitioner: MUHAMMAD AMIN VS Respondent: STATEHonorable Justice Muhammad HaleemMuhammad Munir Paracha, Advocate Supreme Court and Manzoor Elahi, Advocate on Record,Nemo

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1989 S C M R 1168

1989 S C M R 1168

Present: Muhammad Haleem, CJ., Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash, JJ

MUHAMMAD AMIN‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Review Petition No.3‑R in Criminal Petition for Special 'Leave to Appeal No. 39‑R of 1988, decided on 26th February, 1989.

Supreme Court Rules, 1980‑‑

‑‑‑OXXVI, R.1‑‑Review‑‑Pending review petition of accused before Supreme Court, President of Pakistan reduced the sentence of death passed against all such convicts to life imprisonment, the petitioner was shifted from death cell to the general section of the jail to undergo life imprisonment‑‑Petitioner on account of the order of President of Pakistan did not press the review petition but submitted that in case the order of President of Pakistan was modified in any way and the concession granted to the petitioner affected, he should be permitted to get the review petition revived for disposal on merit‑‑Submission of petitioner was granted by Supreme Court.

Muhammad Munir Paracha, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 26th February, 1989.

ORDER

MUHAMMAD HALEEM, C J.‑In accordance with the recent order passed by the President of Pakistan reducing the sentence of death passed against all such convicts to life imprisonment, the petitioner has been shifted from the death cell to the general section of the jail to undergo life imprisonment.

The learned counsel for the petitioner, on account of this development, does not press the review petition. He, however, submits that several Constitutional petitions have been filed in the High Courts to challenge the validity of the general order of the President, aforereferred to and prays that in case the aforesaid order of the President is modified in any way and the concession granted to the petitioner affected he should be permitted to get this petition revived for disposal on merits. The request is reasonable.

This petition is dismissed but with leave to the petitioner to reactivate the matter if necessary.

M.BA./M‑786/S Order accordingly.

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