ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday ordered the immediate release of a convict jailed for murder some 27 years ago — after the court was told that both sides had reached a compromise six years ago — expressing his regret over failure to ensure the prompt dispensation of justice.

The CJP, who was heading a five-judge Shariat appellate bench of the Supreme Court, while dictating the order expressed an apology over the court’s inability to render justice to the parties in time.

Other members of the bench were Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan and ulema Dr Mohammad Khalid Masud and Dr Qibla Ayaz.

Advocate Ahmed Shuja Butt who represented the convict, earlier told the appellate bench that Mohammad Akram, a resident of Khanewal, was arrested on murder charges on April 13, 1997. While the convict was still in jail, both sides reached a reconciliation in 2018.

Updated minutes of SC committee discussion reveal Justice Mandokhail to head bench hearing Arshad Sharif case

In its order, the Shariat appellate bench mentioned that since proper assistance was not rendered to the court, it took time in reaching a conclusion, though both parties had reached a compromise in 2018. As a result, the court ordered authorities to immediately release the convict.

While pointing towards the counsel, the CJP apologised that the convict who had to remain behind bars for six years, despite having reached the compromise with heirs of the victim.

The CJP also recalled how there had been decisions, both in favour and against acquittal based on reconciliation agreements, but hinted that the court may come up with a guiding principle in this regard in the future.

SC panel meeting minutes updated

In a separate development, the Supreme Court has amended its minutes about the Aug 1 meeting in which it was decided that a five-judge bench will hear the case relating to the tragic murder of journalist Arshad Sharif.

On Aug 5, the Supreme Court had issued minutes of the meeting in which it was explained that the Arshad Sharif case was not fixed before the five-judge larger bench as it didn’t require any constitutional interpretation.

The CJP had outlined the reason on Aug 1, while heading the meeting of the committee formed under the Supreme Court (Practice and Procedure) Act, 2023, to fix cases.

The meeting was held after Justice Syed Mansoor Ali Shah, who was heading a three-judge bench, referred the case back to the committee on the grounds that a five-judge larger bench had previously heard the case and it should be fixed before a bench with the same number of judges.

Now, the fresh minutes explained that Justice Shah and Justice Akhtar had desired that in order to accurately reflect the discussion that took place in the meeting, certain modifications be made in the minutes of the 18th meeting of the committee.

The fresh minutes stated that both Justice Shah and Justice Akhtar were of the opinion that the Arshad Sharif case was heard by a five-member bench, which was constituted by former CJP Umar Ata Bandial through an administrative order of Dec 6, 2022 prior to the promulgation of the SC (Practice and Procedure) Act, 2023, in eight sittings.

At the time, the bench comprised former CJP Bandial, then Justice Ijaz-ul-Ahsan, then Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar.

Considering that Justice Mandokhail and Justice Mazhar of the five-judge bench had extensively heard the case, it would be appropriate that Justice Mandokhail should head the bench and the three senior most judges after Justice Mazhar be included in the bench, namely Justice Ayesha A. Malik, Justice Athar Minallah and Justice Syed Hasan Azhar Rizvi, the fresh minutes said.

Published in Dawn, August 8th, 2024