' The Learned Counsel for petitioner submits that the provisions of section 382-B, Cr.P.C. Are mandatory, but the benefit of this section has not been granted to the petitioner by the Court while converting the death sentence into life imprisonment.
2. On the other hand, the learned A.A.-G. Assisted by the learned State counsel submits that the matter had also gone up to the Honourable Supreme Court of Pakistan and no benefit of section 382-B, Cr.P.C. Was granted to the petitioner, even by the apex Court. According to him if this Court grants the benefit of section 382-B ibid, it will tantamount to alter the sentence maintained by the Supreme Court of Pakistan. He has referred the case of Javed Iqbal v. State 1998 SCM R 1539. In this respect. He has further submitted that so far as provisions of section 561-A, Cr.P.C. Is concerned the jurisdiction of this Court under this provision can only be invoked if there is no other remedy available to the petitioner, but in the instant case if the petitioner so wishes can file Review Petition before Honourable Supreme Court, who had finally decided the case. Reliance in this respect has been placed on the case Bashir Ahmad v. Zafar-ul-Islam PLD 2004 SC 298.
3. We have heard the learned counsel for parties and gone through the case-law cited by the learned A.A.-G. We are of the view that the petitioner for the relief prayed may file a Review Petition, if he wishes so, in the Honourable Supreme Court of Pakistan, which has finally decided the matter.
This petition is not maintainable. It is, therefore, dismissed.