A Lahore High Court (LHC) division bench Tuesday dismissed a petition against the execution of a disabled death row prisoner.
The division bench comprising Justice Anwaarul Haq and Justice Erum Sajad Gull heard the petition, which was filed by Nusrat Parveen against the execution of her disabled son, Abdul Basit.
During the hearing, the petitioner’s counsel submitted that Basit was paralysed from the waist down and used a wheelchair as a result of an illness, which he contracted in prison.
Basit’s lawyer contended that he has already suffered unusual punishment, and to try to execute him now would be a form of “double punishment”, prohibited under Pakistani law.
The counsel further submitted that jail manual gave no instructions on how to execute disabled prisoners and the court could intervene if law was ambiguous.
However, on behalf of the home department, a provincial law officer submitted that disabled person could be hanged under Sub-Section 2 of Sections 350 and 356 of jail rules.
He pointed out that such a matter was raised before Lahore High Court and the Supreme Court but the execution was not stopped.
He said that a disabled person could be hanged by using their wheel chair.
The bench after hearing detailed arguments from both parties dismissed the petition.
It is pertinent to mention that the court had stayed the execution of Basit which was scheduled for last month, Abdul Basit (43), was convicted and sentenced to death for a murder in 2009.
