Skip to main content

Pakistan: 7-judge bench to decide span of life sentence

A 7-judge bench of the Supreme Court (SC) – led by Chief Justice of Pakistan (CJP) Asif Saeed Khosa – will, on October 2, decide the duration of the span of life imprisonment in Pakistan.

The three-judge bench, led by CJP Khosa, while hearing a matter on July 29 questioned whether life imprisonment meant imprisonment of a convict for his remaining biological life or anything shorter than that – and if so, whether different sentences of imprisonment for life passed in the same case or different cases were to run concurrently or consecutively.

“The question has appeared to us to be a question of immense public importance affecting a larger number of cases in the country,” said CJP Khosa.

The court has also issued a notice to the attorney general for Pakistan (AGP), advocate generals and prosecutor generals to assist in the matter.

Members of the bench, hailing from 3 provinces, include Justice Manzoor Ahmad Malik, Justice Sardar Tariq Masood, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed. All members have expertise in criminal law.

According to sources, the Pakistan Bar Council (PBC) is also considering becoming a party in this case.

A PBC executive member said the bar council wants to assist the SC in this matter as lawyers are not in favour of any interpretation, suggesting that life imprisonment means imprisonment of a convict for his remaining biological life.

Likewise, a convict Khadija Shah, a British national, has also filed an application through his counsel Raheel Kamran Sheikh to become party in the case.

Talking to The Express Tribune, Sheikh said any interpretation of the sentence of “imprisonment for life” as incarceration for the remaining biological life of a convict would be unconstitutional and violative of the fundamental rights enshrined in Articles 9, 14 and 25, besides being in contrast with the judicial history on the subject.

Currently, the sentence of life imprisonment corresponds to a maximum imprisonment of 25 years, and a minimum of 15 years (per Rule 140 of the Pakistan Prison Rules 1978); after earning remissions as may be extended by the executive functionaries from time to time but subject to Section 401 CrPC, Rule 216 and Rule 218 of the Pakistan Prison Rules, 1978.

The jail manual also provides for at least a 14-year substantive period for those sentenced to life imprisonment. Section 57 of the Criminal Procedure Code stipulates that life imprisonment will be 25 years.

The CJP had hinted at interpreting the ambiguity of the life sentence while hearing review appeal of a death row convict, Abdul Qayyum. During the hearing, Justice Khosa had remarked that the current interpretation of life imprisonment law was flawed. Referring to judicial practice in India, the chief justice remarked that life sentences in India are given after specifying the period of imprisonment.

“The span of life imprisonment is regarded as limited to 25 years, while it is meant to last a lifetime. The court would thoroughly interpret the law at an appropriate time. Once it happens, convicts will ask for a death sentence instead of life imprisonment,” CJP Khosa had said during the June hearing.

“In India, they clearly mention the number of years a convict has to stay in prison,” he added.

In 2012, the Supreme Court of India said that life imprisonment implied a jail term for the convict’s entire life.

The apex court had also noted that its constitutional bench’s landmark judgment of 1980 on the criterion for imposing death penalty needed a “fresh look” as there had been “no uniformity” in following its principles on what constitutes “the rarest of rare” cases.

“It appears to us there is a misconception that a prisoner serving a life sentence has an indefeasible right to be released on completion of either 14 years or 20 years imprisonment. The prisoner has no such right,” said judgment issued by SC of India published in an Indian newspaper.

“A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the appropriate government,” a bench of Justices KS Radhakrishnan and Madan B Lokur said.

The bench, however, clarified that under remission, the appropriate government cannot reduce the period of a sentence less than 14 years for a life convict.

“In the case of a convict undergoing life imprisonment, he will be in custody for an indeterminate period.”

Source: tribune.com.pk, Staff, September 29, 2019


More than life


A life sentence in Pakistan is counted as 14 years. Wajih-ul-Hassan has served far more than that. In 2002, he was condemned to death in a blasphemy case and has remained behind bars since then, for 18 years facing not only imprisonment but also the constant threat of being walked to the gallows. He is now suddenly free. 

A three judge bench headed by Justice Sajjad Ali Shah exonerated Wajih from blasphemy and ordered his release. 

The court observed there was insufficient proof that he had written blasphemous letters; it had been alleged that at the time Wajih was held, letters had been written to a senior lawyer, Ismail Qureshi. The lawyer had filed a petition before the Federal Shariat Court, asking it to make death penalty the only punishment for blasphemy. The lawyers argued that this had angered Wajih.

The details involved handwriting analysis, the question of Wajih’s religion, the fact that the letters were burnt by the lawyer as he considered them too sacrilegious and other matters. But what is significant is that a man had so many years of his life taken away from him on a charge that he had not committed. 

There are others in the same situation. Junaid Hafeez, a visiting lecturer in English at the Bahauddin Zakariya University, has already served 12 years in jail without even the first phase of his case before a trial court having been completed. He was accused by a student of committing blasphemy. There are others like Junaid.

To make matters worse, radical television hosts have urged students to capture on video any teacher who utters blasphemy, presumably so that they can be arrested and penalised. There are multiple cases of people being jailed for blasphemy on flimsy grounds, often to settle petty scores or business disputes. It is also true some have been killed in jail or later when returned to their villages after being freed. 

The situation is an extremely grave one. It is vital the state looks at how it administers the blasphemy law so that innocent people cannot so easily be victimised. 

The case of Aasia Bibi made international headlines recently. Pakistan needs to review the way the blasphemy law is used in order to spare people so much suffering.

Source: thenews.com.pk, Editorial, September 29, 2019


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.