October 31, 2001	Wednesday	Shaba'an 13, 1422

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ISLAMABAD, Oct 30: The supreme court on Monday upheld the death sentence of five rapists in two separate cases, bringing the number of people whose capital punishment was maintained by the apex court in one week to 27.

The court upheld the death sentence of Umar Daraz, Irfan Bhatti, Rana Shahbaz and Jami Mohsin who gang-raped a girl in the presence of her family in Zia Colony Karachi. One Sabir was allowed to go free by giving him the benefit of the doubt.

The bench consisted of Justice Sheikh Riaz Ahmad, Justice Syed Deedar Hussain Shah, and Justice Tanvir Ahmad Khan.

In another case, the court set aside the judgment of LHC which had acquitted two person of the charges of gang rape and restored the trial court judgment which had awarded death sentence to Imtiaz Ali from Chakwal District and Mumtaz Khan to life imprisonment with a fine of Rs50,000.

Last Wednesday, the same bench had upheld the conviction of 22 persons.

All the convictions were awarded under Section 10-4 of Offence of Zina (Enforcement of Hadd Ord 1979). The section 10(4), was brought to the statute in 1997 during Mian Nawaz Sharif’s tenure.

It was pointed out by the counsels that Section 10 of Enforcement of Hadd Ordinance 1979, was a defective legislation as it provided no other punishment except death.

PRISON CONDITIONS: Chief Justice Irshad Hasan Khan on Monday expressed dissatisfaction over the conditions in jails and indicated that the Supreme Court might take notice of deteriorating conditions of prisons in the country.

Rejecting an appeal filed by a Peshawar jail official against his demotion from BS17 to BS16 for his failure to maintain the cleanliness of the jail, the court observed that the situation in Pakistani jails was repulsive and the apex court would take judicial notice of it. The court dismissed the appeal of deputy superintendent Peshawar Jail.