13 February 2004	Friday	21 Zilhaj 1424

ISLAMABAD, Feb 12: The Supreme Court directed the heads of Punjab and NWFP police on Thursday to appear in person before the court on Feb 20 to explain why a convict carrying death sentence , who was released by the jail authorities under mysterious circumstances, was not arrested.

Three judges bench, headed by Chief Justice Nazim Hussain Siddiqui, asked the IGP Punjab, IGP NWFP and NWFP home secretary to appear in person on the next date to explain why the court's orders were not being implemented. The principal law officers of both the provinces and advocates-general have also been asked to appear on Feb 20.

The apex court passed the order in a case in which a convict, Sher Khan, who was awarded capital punishment for murder, was released from jail when his appeal against his death sentence was pending before the Supreme Court.

The jail authorities had taken the plea that Sher Khan was released from jail after he was given the benefit of a presidential notification issued on Dec 13, 2001, giving general commutation to all the juveniles who had been awarded capital punishment.

Sher Khan's plea that he was juvenile at the time offence was committed was not accepted by the high court. His appeal against the high court order was pending before the Supreme Court.

The Punjab government not only commuted the death sentence of Sher Khan into life imprisonment, when his appeal was still pending, it also granted 16 years' remission to the convict and released him from jail.

The Punjab government informed the Supreme Court that error was committed by the district and sessions judge, Mianwali, who had issued the Commitment Warrant in which it was stated by the judge that the convict was of 18 years of age.

A police officer, DSP Malik Mohammad Iqbal, appeared before the court on Thursday and asked the court to adjourn the case to allow more time to the police to nab the convict who had gone into hiding in the tribal areas.

The SC bench in its order on Thursday noted that so far no step had been taken by the Police for arresting Sher Khan. The apex court said sufficient time was granted but there was again request for more time.

The apex court bench observed it had come to the conclusion that the police department was interested in prolonging the proceeding to provide unjustified protection to the convict.

In the same case, the Supreme Court on a previous hearing had suspended Superintendent Lahore Central Jail and had issued a contempt of court notice against him for releasing a convict whose appeal was still pending in the court.