IN THE HIGH COURT OF SINDH AT KARACHI
Constitution
Petition No.D-4458 of 2022
(Asif Ali alias Asif Patel Another vs. Province of Sindh & Others)
Present:
Mr. Naimatullah Phulpoto, J.
Mr. Amjad Ali Sahito, J.
07.11.2023
Mr. Habib-ur-Rehman
Jiskani, advocate for petitioner
Mr. Siraj
Ali Khan Chandio, Additional Prosecutor General
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Naimatullah
Phulpoto, J.-- Through
this constitution petition, the petitioners/convicts have impugned the judgment
dated 21.09.2006, passed by learned Judge, Anti-Terrorism Court-V, Karachi in
Special Case No.14/2006, arising out of FIR No.34 of 2005, registered at P.S.
AVCC Bahadurabad, Karachi for offences under Sections
365-A, 34, PPC read with Section 7 of the Anti-Terrorism Act, 1997. The
petitioners/convicts have prayed as under:
(i)
That this Hon’ble
Court may be pleased to pass an order for running both the sentences
concurrently in same judgment.
(ii)
Any other, better and future relief
and appropriate orders deems fit and proper under the circumstances of the
case.
Notice
of this petition was issued to the Prosecutor General Sindh. Counsel for the
petitioners/convicts contended that the appellants Asif
Ali and Ali Raza were tried by learned Judge,
Anti-Terrorism Court-V, Karachi in Special Case No.14/2006, vide judgment dated
21.09.2006, the petitioners/convicts Asif Ali alias Asif Patel, Ali Raza, Faisal
Ansari alias Sono and Qaiser
alias Kala were convicted under Section 7(e) of the Anti-Terrorism Act, 1997
read with Section 365-A, PPC and sentenced to death. Each of them was directed
to pay Rs.100,000/- and property of each of the
convicts to the extent of Rs.100,000/- was forfeited to the Government.
Appellants/convicts Asif Ali and Ali Raza were also convicted under Section 7(i) of the
Anti-Terrorism Act, 1997 and sentenced to five years R.I. and to pay fine of
Rs.50,000/-. However, sentence of death awarded by the learned trial Court was
subject to confirmation of this Court. Special Criminal Anti-Terrorism Appeal
No.27 of 2006 and Special Criminal Anti-Terrorism Jail Appeal No.30 of 2006
were filed whereas trila Court made Confirmation
Reference No.08 of 2006 to this Court. This Court vide judgment dated
26.01.2016 maintained the conviction awarded to the petitioners/convicts, however, death sentence was reduced to the
imprisonment for life. Petitioners/convicts were extended benefit of Section
382(b), Cr.PC. Reference
made by the trial Court for confirmation of death sentence was answered in
negative. Petitioners filed Jail Petitions No.157-K, 196 and 197-K of 2016
before the Hon’ble Supreme Court of Pakistan and vide
order dated 04.08.2016, the same were dismissed. Counsel for the petitioners/convicts
submits that sentences are not running concurrent. Counsel for
petitioners/convicts has relied upon the case of Rahib
Ali versus The State (2018 SCMR 418) in which it has been held that, “in
the light of discussion made above, there remains no doubt that the High Court
and so also this Court have jurisdiction under Section 561-A, read with Section
35 and or Section 397, Cr.PC as the case may to order
such multiple sentences in same transaction/trial or in a separate and
subsequent trial to run concurrently.”
Learned
Additional Prosecutor General Sindh recorded no objection in case directions
are issued that the sentences awarded to both the petitioners/convicts shall
run concurrently.
It is
observed that sentences awarded to appellants shall run concurrently. In the
view of the matter, we allow the instant constitution petition and direct that
the sentences awarded to the petitioners/convicts shall run concurrently. Let
the copy of the order be sent to the Senior Superintendent, Central Prison, Karachi,
by fax for immediate compliance.
J U D G E
J
U D G E
Gulsher/ PS