Iftikhar Muhammad Chaudhry, C.J.--These petitions have been filed against the judgment dated 9.4.2002 passed by Lahore High Court, Lahore.
2. Briefly stating facts of the case are that vide FIR Ex. PH/1 petitioners/convicts were charged for the offence of murder of two persons Hamayun Ashraf and Haroon Ashraf sons of Muhammad Ashraf Bhatti on 17.4.1998 inside the lock-up of Police Station Bagwhanpura where they were confined as accused in another case of murder registered against them. On the registration of the case, investigation was carried out, and convicts/petitioners namely:--
(i) Muhammad Aasam Butt son of Noor Ahmad
(ii) Moazam Butt son of ..
(iii) Naheeb @ Bhutto son of
(iv) Abdul Hameed son of Muhammad Ibrahim
(v) Rana Adnan s/o Ghulam Hussain
(vi) Hafiz Jameel s/o Muhammad Boota
(vii) Muhammad Shahbaz @ Dodi s/o Muhammad Sadiq (viii)Muhammad Shahbaz @ Kaka Khanda s/o Muhammad Nawaz were convicted vide judgment dated 24.1.2001 as follows:- u/S. 302(b)/149 PPC: Sentenced to death as Tazir each on, two counts. They were also directed to pay compensation of Rs, 2,00,000/- each to the LRs of deceased or in default whereof to suffer six months S.I. on two counts. u/S. 7 of the Anti- Terrorism Act 1997Sentenced to death. u/S. 148/149 PPC Sentenced to undergo 3 years R.I. each with fine of Rs, 50,000/- each, in default whereof, to further undergo 3 months S.I. u/S. 186/149 PPC Sentenced to 3 months R.I. each. u/S. 353/149 PPC Sentenced to undergo 2 years R.I each with fine of Rs, 50,000/- each in default whereof to further undergo 3 months S.I. each.
3. It may be noted that some of the accused persons were declared as proclaimed offenders and non-bailable warrants of arrest were issued against them. Statedly accused Muhammad Azam Butt, Bahawal Sher alias Goonga and Bagga were killed in Police encounter.
4. The learned High Court while disposing of Murder Reference No, 8-T/01 and Criminal Petition No, 98/2001 filed by the convicts dismissed the appeal of Naheeb Butt and Moazzam Butt and their death sentences on all the charges were confirmed. However the sentences of Muhammad Aasim and Shahbaz @ Dody were reduced as under: u/S. 302/149 PPC: Imprisonment for life on both the counts.
(b) ATA: Imprisonment for life.
Benefit of Section 382-B Cr.P.C. also extended to them. The compensation payable to heirs of deceased as directed by the Trial Court maintained.
As far as the remaining accused are concerned, they were acquitted of all the charges.
5. Pending listed petitions, parties compromised the matter outside the Court. As both the deceased were teenager therefore, their father Ashraf Bhatti, who had also filed separate petition for enhancement of sentence of two of the convicts and the matter Mst. Yasmeen Bhatti were summoned in the Court for purpose of verification of the compromise. Meanwhile certain other informations were also collected, on basis whereof it revealed that the convicts party have compensated to the complainants, Ashraf Bhatti as well as Mst. Yasmeen Ashraf by agreeing to pay Rs, 25,00,000/- to them. It may be noted that at an earlier stage when the compromise was affected, Rs, 7,00,000/- were paid whereas the remaining amount was still outstanding. However, on the last date of hearing, learned counsel appearing for the petitioners/convicts stated that they are ready to pay Rs, 20,00,000/-in cash and a plot of land but parents of the deceased stated that they would be given the price of plot. As such it was agreed that total amount of Its. 25,00,000/- will be paid. The convicts had deposited Rs, 15,00,000/- on 16.12.2005 and had paid Rs, 3,00,000/- in the Court. As Ashraf Bhatti had already received 7,00,000/- out of Rs, 25,00,000/-, therefore, under an arrangement between them, he is entitled to receive only Rs, 5,50,000/-whereas the remaining vRs, 12,50,000/- shall be given to mother of the deceased Mst. Yasmeen Ashraf.
6. Office is directed to deposit Rs, 5,50,000/- in the account of Muhammad Ashraf Bhatti and Rs, 12,50,000/- in the account of Mst. Yasmeen Ashraf respectively which they had opened in HBL branch of this Court.
7. In view of the facts that parties have compromised the matter and compensation has already been received by the complainants therefore, permission is accorded to compound the offence u/S. 345 (2) Cr.P.C. Now we would advert to examine whether in the cases like one in hand were brutal murder of two young boys has been committed when they were confined in judicial lock-up, in a shocking manner which has outraged the public conscience, the convicts are liable for punishment on the principle of Fasadfil-arz. The facts of the case and material available on record reveal that petitioners/convicts have committed crime in a brutal manner of the deceased who were confined in lock-up. Therefore, considering them sitting ducks, they took the law in their hands, without caring that police stations or Court premises are considered such places where law protects the life of citizens. Therefore, in exercise of jurisdiction u/S. 311 PPC the sentence of death of the two convicts namely Naheeb Butt alias Bhutto and Moazzam Butt is reduced from death to life imprisonment u/S. 302 PPC and u/S. 7(b) of ATA on both the counts. Similarly sentences awarded to Muhammad Aasam and Shahbaz @ Dodi for imprisonment of life u/S. 302(b) PPC is reduced to 14 years and sentence awarded to them for life imprisonment u/S. 7(b) of ATA is kept, in tact on both the counts with benefit of Section 382-B of Cr.P.C., which has already been extended to them by the Lahore High Court. Remaining sentences awarded to them are kept intact. All the sentences shall run concurrently.
8. As a consequence of above, Cr. P. 445-L/2002 filed by convicts is disposed of whereas Crl. P. 435- L/02 filed by Muhammad Ashraf Bhatti is dismissed.
9. I.G., Police (Punjab) is directed to take action against the officer/official who allowed culprits to have a free excess in police station due to which they committed murder of two young boys and submit report for further orders if need be.