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1979 SCMR 407

MUHAMMAD SADIQ AND Another vs The STATE

Citation1979 SCMR 407
CourtSupreme Court of Pakistan
Case No.Criminal Review Petitions Nos. 1-R and 2-R of 1976 Petitions Nos. 13-R and
Date1976-02-29
Judge(s)Salahuddin Ahmad, Muhammad Gul
ResultPetition dismissed

ORDER

1. SALAHUDDIN ARMED, J.-These two review Petitions are from an order of this Court dated the 24th of July, 1975, dismissing on merits the petitioners' petitions for special leave to appeal sent from Jail.

2. The petitions for leave had become barred by 532 days and 178 days but as they involved sentences of death, the delay had been condoned and the petitions considered and disposed of on merits.

3. The present review petitions again are barred by 73 days. There is no satisfactory explanation at all for this delay. Admittedly the petitioners came to know of the decision of this Court on the 23rd of August, 1975, and they filed the present review petitions on the 24th of October, 1975. The only explanation for the delay between the 23rd of August, 1975 and 24th of October 1975 was that the petitioners had' asked for permission to engage a counsel for arguing the petitions and they waited for a reply all this time.

4. The only ground for review urged before us is that the petitioners are entitled to the benefit of a general amnesty granted by the President in the year 1971. An ordinary copy of Secret Circular No. 8/11/71-Ptns, dated the 21st of December, 1971, relating to the general amnesty has been produced before us in support of the contention. The Circular runs as follows :---- "President has been pleased to commute to transportation for life all death sentences awarded by ordinary criminal Courts which are pending execution."

5. The Circular does not apply to the present case inasmuch as the death sentence was confirmed by the High Court only on the 25th of June, 1973, and it was not pending execution on the 21st of September, 1971. In any event this is not a ground for review. The petitioners, if so advised, may approach the appropriate authorities.

6. The petitions are dismissed as barred by limitation.

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