SC dismisses petition seeking abolition of death penalty

Published May 26, 2015
A three-member bench of the apex court headed by Justice Saqib Nisar however dismissed the petition, stating that right to life and liberty are not absolute in nature. — Online/file
A three-member bench of the apex court headed by Justice Saqib Nisar however dismissed the petition, stating that right to life and liberty are not absolute in nature. — Online/file

ISLAMABAD: The Supreme Court on Tuesday dismissed a petition seeking the abolition of death penalty, maintaining that life and liberty are not absolute under the Constitution of Pakistan.

The petitioner, Barrister Zafarullah, from the Watan Party had filed the petition seeking the abolition of the death penalty, arguing that punishment was against the fundamental rights in a country where the criminal justice system was ineffective.

A three-member bench of the apex court headed by Justice Saqib Nisar dismissed the petition, stating that right to life and liberty are not absolute in nature nor in the Constitution of Pakistan and no one can be given the liberty to do about as they please.

The court stated that the death penalty was provided for in the law, and the life of a person may be taken if done under provision of law.

The court dismissed the petition and recommended that the proper forum to seek a change in laws was the Parliament of Pakistan.

There had been no civilian hangings in Pakistan since 2008.

Only one person was executed in that time ─ a soldier convicted by a court martial and hanged in November 2012.

The moratorium on the death penalty was lifted for those convicted of terrorism offences after the Army Public School attack. In March it was extended to cover all capital offences.

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