The Supreme Court of Pakistan has granted relief to a convict in a case involving the recovery of 14.5 kilograms of hashish in Lahore, ruling that 11 years of imprisonment would be sufficient in place of the life sentence previously awarded to him.
A three-member bench, headed by Justice Muhammad Hashim Kakar and comprising Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim, heard the case on Wednesday.
During the proceedings, the Court also reduced the additional imprisonment awarded in default of payment of a Rs100,000 fine from six months to 15 days.
Justice Hashim Kakar inquired about the amount of fine imposed along with the life sentence. Counsel for the convict, Asif Ali, informed the Court that a fine of Rs100,000 had been imposed and that failure to pay it would result in an additional six months’ imprisonment.
The Court observed that the convict had been in custody since 2015 and was entitled, as a matter of legal right, to sentence remissions available under the previous law. The defence counsel further submitted that, according to the jail authorities’ report, the convict’s sentence would extend until 2040 if remissions were not taken into account.
During the hearing, Justice Ishtiaq Ibrahim remarked that the prescribed protocol for forensic testing of the narcotics had not been followed in the case.
Subsequently, the Supreme Court held that 11 years of imprisonment would be treated as equivalent to life imprisonment in the circumstances of the case and granted relief to convict Asif Ali on that basis.
Separately, the Supreme Court on Wednesday adjourned the hearing of appeals filed by two employees of the District Judiciary Toba Tek Singh against their demotion and departmental penalties, directing the appellants to engage legal counsel for the next hearing.
A two-member bench headed by Justice Muhammad Hashim Kakar heard the case.
During the proceedings, the Court asked the appellants about their service grades and the reasons for the disciplinary action taken against them. One appellant stated that he had been serving as an Assistant but was demoted to the position of Senior Clerk. The second appellant, Hassan Chughtai, submitted that he had been a Junior Clerk and that his service had been forfeited while his promotion had also been withheld.
A staff officer of the district judiciary informed the Court that the Assistant was accused of committing irregularities to secure the recruitment of his brother. According to the officer, Hassan Chughtai had appeared in the typing test in place of the Assistant’s brother.
The staff officer further stated that, according to the inquiry report, Hassan Chughtai had admitted his involvement in the act and had sought forgiveness. He added that during the typing test, an Additional Sessions Judge noticed an unusually high typing speed by a candidate. A fresh test was subsequently conducted under the judge’s supervision, during which the candidate’s typing speed was found to be significantly lower.
At one point during the hearing, Justice Hashim Kakar remarked, “He may have become nervous; judges, too, can appear intimidating.”
Referring to the inquiry report, the Court told the appellant that he had admitted during the inquiry proceedings that he had committed the act in question.
Justice Ishtiaq Ibrahim observed that the appellant should be thankful for still being in service, adding that had it been up to the bench, he would have been dismissed from employment.
The Supreme Court subsequently adjourned further proceedings and directed the appellants to appear through legal counsel at the next hearing.