Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks suspension of operation of black warrants issued by respondent No. 1 for 24-12- 2002 as it having been issued without jurisdiction is illegal and inoperative. It is also prayed that pending the disposal of this petition the execution of warrants may be stayed.
2. The brief facts of the case are that the petitioner's real brother Muhammad Iqbal had been convicted and sentenced to death by the learned Sessions Judge, D.G. Khan vide judgment dated 11-4-1996 on two counts while deciding case F.I.R. No.54 of 1994 registered under section 302/324, P.P.C. At Police Station Kala, District D.G. Khan. The Lahore High Court confirmed the death sentence while disposing of the murder reference and also dismissed the appeal filed by the convict, brother of the petitioner. Petition for Leave to Appeal filed in the Supreme Court of Pakistan was also dismissed whereafter review petition was dismissed on 16--11-2001. Mercy petition filed before the President of Pakistan has also been dismissed on 28-8-2002. After the dismissal of the Mercy Petition of Muhammad Iqbal condemned prisoner, respondent No.2 requested respondent No.1 for fixation of date for execution of death sentence and issuance of black warrant through letter dated 11-9-2002. The Superintendent, Central Jail, D.G. Khan fixed 21-9-2002 for the last meeting of the relatives with the condemned prisoner and 31--10-2002 was fixed for the execution but the execution was stayed by the orders of the President of Pakistan for one month. Again respondent No.2 submitted an application to respondent No. 1 for the fixation of the date as 24-12-2002 and the learned Additional Sessions Judge, D.G. Khan while acting as a Duty District and Sessions Judge has issued the black warrant.
3. Learned counsel for the petitioner contends that respondent No. 1 was not competent to issue the black warrant as only the Sessions Judge can issue the same under section 381 of the Criminal Procedure Code hence the black warrant is without jurisdiction and is a nullity in the eyes of law. It is further contended that black warrant has been issued in violation of Rule 21(i)(ii), Chapter 20(F), Volume III of the High Court Rules and Orders, according to which the black warrant can only be issued by the Sessions Judge.
4. I have heard the learned counsel for the petitioner at length and also perused the documents attached with this petition. It is an admitted fact that Muhammad Iqbal brother of the petitioner has availed all the remedies against his conviction and sentence of death passed under section 302/324, P.P.C. On two counts and the same has been maintained up to the level of President of Pakistan and the occurrence had taken place in the year 1994. The only ground for suspension of operation of the black warrant issued for 24-12-2002 is that the Office of District and Sessions Judge, D.G. Khan was vacant due to his transfer and the learned Additional Sessions Judge, D.G.
Khan while `acting as Duty Sessions Judge was not empowered to issue the black warrant. I am not inclined to endorse the contention of the learned counsel for the petitioner that in the absence of Sessions Judge, D.G. Khan (due to his transfer) the Additional Sessions Judge while acting on his behalf was not empowered to issue black warrant. When the death sentence of Muhammad Iqbal condemned prisoner has been maintained up to all forums provided under the law and he has also failed before the President of Pakistan in the Mercy Petition, the logical end is the execution of the death sentence. It cannot be stopped, postponed or altered except provided by proviso to section 381, Cr.P.C: or section 382, Cr.P.C. The black warrant is issued in pursuance of section 381, Cr.P.C. Which is reproduced as under:-- "381. Execution of order passed under section 376.---When a sentence of death passed by a Court of Session is submitted to the High Court for confirmation, such Court of Session shall, on receiving the order of confirmation or other order of the High Court thereon, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary."
5. For the foregoing reasons, this petition is misconceived and is not maintainable, which is dismissed in limine.