IslamabadShafqat Hussain, a man a capital punishment convict who as per claims, was a juvenile when he committed a murder, has filed a petition before the Islamabad High Court (IHC) seeking a declaration that his age shall only be determined by a duly constituted judicial inquiry as mandated in law.
ByFaisal Kamal Pasha
April 18, 2015
Islamabad Shafqat Hussain, a man a capital punishment convict who as per claims, was a juvenile when he committed a murder, has filed a petition before the Islamabad High Court (IHC) seeking a declaration that his age shall only be determined by a duly constituted judicial inquiry as mandated in law. The petitioner has cited President of Pakistan, Prime Minister, ministry of interior, federal investigation agency, ministry of law, inspector general prison Sindh, national database & registration authority (NADRA), local government & rural development department Azad Jammu & Kashmir, National Commission for Human Rights as respondents. Justice Athar Minallah of the IHC while hearing in this matter issued pre-admission notices to the respondents seeking their reply within fortnight. The petitioner, Shafqat Hussain adopted before the court that his correct name was Shah Zullah and was imprisoned in central jail, Karachi. An Anti Terrorism Court (ATC) of Karachi on August 09, 2004 had awarded him death sentence under section 302 (b), 365-A PPC and section 7(e) of Anti Terrorism Act (ATA) 1997. A High Court bench on May 05, 2006 had confirmed the death sentence under ATA but substituted the conviction under 302 with five years imprisonment. Supreme Court of Pakistan on October 08, 2007 upheld the high court judgment. The petitioner adopted that there is prima facie evidence that he was a juvenile in 2004 at the time of commission of offence and NADRA has also issued a birth certificate in this regard. The fact of his age was neither determined by the law enforcement agency nor raised before trial court during the petitioner’s trial and appeals, as required under the juvenile justice system ordinance 2000. That there is prima facie evidence that the petitioner was brutally tortured by the police to extract a confession and he duly informed the court during proceedings. The petitioner had prayed before the IHC to declare that his age shall only be determined by a duly constituted judicial inquiry as mandated in law.
