SC acquits death row inmate, deplores judicial delay

ISLAMABAD: The Supreme Court’s Shariat Appellate Bench on Friday expressed regret over the nearly six-year delay in deciding a criminal Shariat appeal.

A five-member Shariat Appellate Bench, chaired by Chief Justice Qazi Faez Isa, issued a written order in the appeal of an accused who had been sentenced to death in a double murder and adultery case. The bench included Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Dr. Muhammad Khalid Masood (Ad hoc Member I), and Dr. Qibla Ayyaz (Ad hoc Member II).

On August 8, the bench had acquitted the accused, Imran alias Mani, after 21 years, citing a lack of evidence and giving the benefit of the doubt, thereby overturning the trial court and Federal Shariat Court verdicts.

According to case details, in 2004, the Wazirabad additional sessions judge had sentenced the accused to seven years of imprisonment and death on charges of double murder and adultery. The Federal Shariat Court later upheld these sentences, rejecting the accused’s plea. The accused had filed an appeal with the Supreme Court Shariat Appellate Bench in 2012, which was accepted for a regular hearing in 2018.

“Leave to appeal in this case was granted on September 18, 2018, and this appeal is decided after almost six years. For such delay, this court expresses its deepest regrets,” said the four-page written order authored by Chief Justice Qazi Faez Isa.

The court criticised the lack of professionalism shown by investigators and prosecutors, noting that the prosecution had completely failed to establish its case, let alone meet the required standard of proof beyond a reasonable doubt.

“Therefore, the convictions and resultant sentences of the appellant cannot be sustained, and the impugned judgment, as well as that of the trial court, are set aside by allowing this appeal,” the order stated.

The court acquitted the appellant of all charges related to the case registered under FIR No. 106/03, dated May 29, 2003, at Police Station Ahmed Nagar, Wazirabad, and ordered his immediate release if he is not required to be detained in any other case.