April 8, 2003	Tuesday	Safar 5, 1424

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ISLAMABAD, April 7: The Supreme Court on Monday asked the federal government to state its position whether it was going to withdraw the notification issued under the juveniles system or not.

A controversy has arisen after a Supreme Court judgment in which it upheld the death sentence of a convict, Najeebullah, but his execution was not carried out even after the president dismissed his mercy plea.

After the convict pleaded that he was a minor and covered under the Juveniles Act, and therefore could not be awarded capital punishment, a committee was set up to determine if the convict fell in this category, and whether he was entitled to get the benefit under the Juveniles Act.

The complainant party approached the SC, contending that its judgment was being violated by the officials of the executive branch of the state.

On the last hearing the court had issued notice to the interior secretary, home secretary Punjab, and Inspector General Prisons, to explain their position.

On Monday, the three-judge bench, after hearing the Deputy Attorney General, adjourned the case on the latter’s plea with the direction to the federal government to clearly state its position on the issue.

The court was displeased with the conduct of executive officials and made it clear that it would not tolerate tinkering with its decisions. The case would again be taken up on April 17, when the federal government would be called upon to state its position on the issue.

The counsel for the complainant contended that the argument that the convict was a minor was never raised at any judicial forum, and it was a belated thought to defeat the ends of justice.