' Waqar Zaheer, was tried by Judge, Punjab Special Court for Speedy Trials, Faisalabad along with his co-accused Muhammad Arshed and Tanvir, for having murdered Ghulam Murtaza. The learned trial Judge vide judgment, dated 16th March, 1988, convicted Waqar Zaheer and Arshed under section 302/34, follows:-- P.P.C. And awarded sentences as ' Waqar Zaheer under section 302, P.P.C. Muhammad Arshed under section 302, P.P.C. Death, plus to pay a fine of Rs,20,000 in default whereof to undergo R.I. For four years further.
' Imprisonment for life, plus to pay a fine of Rs,20,000 in default whereof to undergo R.I. For four years.
' Tanvir was acquitted vide the same judgment.
2. Waqar Zaheer having been sentenced to death was lodged in death cell in Central Jail, Faisalabad.
3. After the proclamation o f Presidential Order No,8/15/88 Ptns., dated 8-12-1988, issued by the Ministry of Interior, Government of Pakistan, Islamabad, he was brought out from the death cell, as it appeared from clause (a) of the said Proclamation of the President, that all sentences of death awarded by Military or other Courts upto 6th December, 1988 stood commuted to imprisonment for life.
4. The Superintendent, Jail, on receipt of the Letter No,8/15/88-Ptns, dated 12-3-1989, issued by Ministry of Interior, Government of Pakistan, relodged Waqar Zaheer in the death cell. (A )Photostat copy of the said letter has been placed on record by the Advocate-General).
5. Ch. Muhammad Rafiq Akhtar, father of Waqar-Zaheer has moved the instant petition, wherein prayer has been made that the detention of Waqar Zaheer in the death cell is without lawful authority and so a direction he issued to the Superintendent, Central Jail, Faisalabad, for bringing him out of the death cell, for being kept as a convict to undergo the sentence of imprisonment for life.
6. Learned Advocate-General, who had been asked to appear personally to assist the Court is present. He has also submitted a memo. In writing, wherein he has committed himself to the view that the sentences of death of the persons, which do not require confirmation, as provided under section 374, Cr.P.C., stood commuted to sentence of imprisonment for life, vide Proclamation of the President of Pakistan, issued on 7th of December, 1988. It is in line with the contention of the learned counsel for the petitioner.
7 Since the point urged by the learned counsel for the petitioner has neither been disputed nor controverted by the Advocate-General, I find no difficulty in allowing this petition. The Superintendent, Central Jail, Faisaland, is therefore, directed to take out the detenu from the death cell and keep him in jail as a prisoner, who is supposed to undergo imprisonment for life.