SC rejects Shafqat’s plea as CJ says ‘matter must come to an end’

The Supreme Court on Wednesday rejected the appeal of death row convict Shafqat Hussain to set up a judicial commission to determine his age.

A three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, heard the appeal against the implementation of the death sentence awarded to Shafqat.

During the hearing, Chief Justice Nasirul Mulk remarked that the issue of Shafqat had, to a large extent, been cleared by the courts. He said the verification of his age could only be re-evaluated by the relevant authorities. He also said that the apex court does not want to interfere with the work of “any institution”.

He further said that only the president enjoyed discretionary powers to grant or deny clemency, adding that the court could not do anything in this regard. He also underscored that legal proceedings end after the review petition has been dealt with.

Meanwhile, Shafqat’s counsel Tariq Hussain presented the stance that his client had been languishing in jail for the past 10 years, adding that it was his right to file a pardon request. “We want that Shafqat’s age should be re-evaluated.” He also said that under international law, Shafqat was entitled to many rights.

Responding to which, CJ Mulk said that international laws should be kept aside, and the matter should be dealt with as per laws in Pakistan.

Mulk said that after being convicted for murder, Shafqat’s review petition had claimed that he was underage at the time of his conviction.

He said even the mercy petition had been rejected in Shafqat’s case, adding that this was the second time they had approached the apex court on the matter.

The court subsequently rejected Shafqat’s appeal challenging his death warrant.

“Sorry, the petition is dismissed. This matter has to come to an end someday,” Justice Mulk said.

Shafqat’s counsel had earlier filed a basic petition in the IHC, calling for a judicial enquiry to determine his client’s age. A single-member bench of the IHC had rejected his request, saying that his trial was in accordance with the law. IHC judge Justice Athar Minallah said that the material produced before the court did not suggest any irregularities or that he was a juvenile at the time of his conviction.

Following which, Shafqat’s counsel had filed an intra-court appeal before a two-member bench of the IHC, which was also rejected.