Negligence costs life of convict: Registrar’s office censured
By Our Correspondent
LAHORE, Oct 5: The Lahore High Court on Thursday observed that negligence of the registrar’s office had cost a convict his life which might have been saved if a writ petition seeking a stay against his execution had been promptly fixed before a division bench.
The LHC division bench, comprising Justice Sardar Mohammad Aslam and Justice Omar Ata Bandial, directed the office to take necessary care in future as carelessness might result in irreparable loss.
The court subsequently disposed the writ petition filed by Sughra Bibi of Muridke, wife of convict Mohammad Asghar, who had sought clarification of the order issued by a single bench of the Lahore High Court on May 16. Petitioner’s counsel M.D. Tahir termed the event a case of judicial murder and held the LHC administration responsible.
Asghar had been sentenced to death by a sessions court in a murder case registered in March 1992. His appeal had been dismissed by the LHC while the Supreme Court had also declined to grant him leave to appeal and later the president, too, had rejected his mercy petition. The home secretary had issued a black warrant for his execution, according to which Asghar was to be executed in Faisalabad district jail on May 18.
His wife had moved a writ petition in the LHC on May 15 seeking to stay his execution as, according to her, there had been considerable progress in reaching a compromise with the aggrieved family.
The single bench of the LHC heard the petition on May 16 and referred the case to a division bench on May 24. The court also directed the office to convey the order to the authorities concerned through special messengers and also by telephone.
The petitioner contended that the single bench’s decision of May 16 was, for all practical purposes, was a stay against the execution as the division bench was to hear the plea on May 24.
However, the petitioner said, the registrar’s office showed sheer neglect in communicating the decision and the authorities executed Asghar on the May 18.
