LAHORE, Dec 4: The scientists’ habeas corpus petitions were on Tuesday referred to the chief justice for consideration by a larger bench of the Lahore High Court.
Justice Khalilur Rehman Ramday, who made the reference, dismissed a plea by Advocate A.K. Dogar, petitioner-lawyer M.D. Tahir’s new counsel, to order the production of the detenus in the meanwhile. He said Mr Tahir, who filed a habeas corpus petition on Nov 5 for the release of all the detenus, had already moved an application in this behalf.
Earlier, speaking on behalf of detained scientist Sultan Bashiruddin Mahmood’s mother, Advocate Ismail Qureshi submitted that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the timebeing in Pakistan. No action detrimental to the life, liberty, body, reputation or property of any person can be taken except in accordance with law. Politicians and scientists are equally protected.
Justice Ramday observed that all the past cases cited by him, including the Zahur Ilahi and Shorish Kashmiri cases, were decided by larger benches.
A larger bench must also hear the present petitions. He referred the petitions to Chief Justice Falak Sher for constitution of a larger bench to consider it.
LIFE TERMS: Life terms awarded to a convict in a single case are to run concurrently and not consecutively, the Lahore High Court declared on Tuesday.
Three people, Khuda Yar, Ansar and Yaseen of Arifwala, were sentenced to death and fined Rs100,000 for multiple murder in 1991 by a Multan special court for speedy trials on four counts each.
The Supreme Appellate Court constituted under the defunct Speedy Trials Act acquitted Yaseen and commuted the death sentences of Khuda Yar and Ansar into life terms on four counts each.
Arguing the convicts’ case for concurrent imprisonment and remissions, Advocate Abdur Rahman Raja submitted before a division bench comprising Justices Bashir A Mujahid and Nasira Iqbal that life term means 25 years’ jail. But if four life terms are allowed to run consecutively, the convicts would undergo imprisonment for 100 yeas, much more than the average life span.
Relying on Sections 35 and 397 of Code of Criminal Procedure and citing Supreme Court judgments, the lawyer said a convict cannot be jailed for more than 25 years in a case irrespective of the number of counts on which he is held guilty. A convict can be hanged once even if he is sentenced to death on four counts.
Advocate Raja also argued that under the trial court order, which took into consideration the possibility of commutation, the convicts are also entitled to remissions announced from time to time on national and religious occasions and for good conduct under Section 382 of the CrPC.