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Petitioner: KHALIL-UZ-ZAMAN VS Respondent: SUPREME APPELLATE COURT
1994 P Cr
1994 P Cr. L J 2224
[Lahore]
Before Khalilur-Rehman Khan, Sh. Ijaz Nisar and Falak Sher, JJ
KHALIL-UZ-ZAMAN---Petitioner
Versus
SUPREME APPELLATE COURT---Respondent
Writ Petition No-5660 of 1990, decided on 5th June, 1994.
Constitution of Pakistan (1973)---
----Arts. 199, 212-B & 184---Sentence awarded to petitioner by Supreme Appellate Court headed by a Judge of Supreme Court---Stay of sentence-- Safety of petitioner's life being involved appropriate course for petitioner would be to invoke jurisdiction of Supreme Court under Art.184 of the Constitution---Counsel for respondent/State had no objection to staying of execution for a period of one month so as to enable petitioner to approach Supreme Court and to obtain appropriate order therefrom---Permission to withdraw Constitutional petition was granted; execution of sentence awarded to petitioner by Supreme Appellate Court would remain suspended as agreed by State counsel for a period of one month so that petitioner could obtain appropriate order from Supreme Court by initiating appropriate proceedings.
Zafar Pasha Chaudhary for Petitioner.
Faqir Muhammad Khokhar, DA.-G. with Aftab Iqbal Chaudhary, DA.-G. for the State.
Mian Abdus Sattar Najum, A.-G. with Raza Mohsin for Respondent.
Asif Saeed Khosa for the Complainant.
ORDER
KHALIL-UR-REHMAN RAMDAY, J.--- Mr. Zafar Pasha Chaudhary, Advocate, learned counsel for the petitioner, states that as the question of interpretation of Article 199(1)(c) read with Article 212-B of the Constitution and fundamental right of the petitioner with regard to safety of his life is involved, it will be appropriate for the petitioner to invoke the jurisdiction of Honourable Supreme Court under Article 184 of the Constitution specially for the reason that the impugned order was passed and the sentence has been awarded by the Supreme Appellate Court headed by a learned Judge of the Supreme Court. He adds that execution of the petitioner in pursuance to the impugned order merits to be stayed to enable the petitioner to approach the Supreme Court.
2. Mian Abdus Sattar Najum, Advocate-General has no objection to staying of execution for a period of one month so as to enable the petitioner to approach the Supreme Court and to obtain appropriate order therefrom.
3. In view of above, permission to withdraw this petition is granted. Execution of the sentence awarded to the petitioner by the Supreme Appellate Court shall remain suspended as agreed to by learned Advocate-General for a period of one month from today so that petitioner is in a position to obtain appropriate order from the Honourable Supreme Court by initiating appropriate proceedings. Disposed of accordingly.
AA./K-151/L Order accordingly.