Supreme Court of Pakistan
Sher Azam v. The State
Criminal Review Petition No. 173 of 2017 in Criminal Petition No. 157 of 2011; Criminal Miscellaneous Appeal No. 9 of 2017
Citation: Supplementary opinion approved for reporting; reported citation not yet assigned
Case summary
The judgment in brief
The Supreme Court held that dismissing a review in chambers without hearing violated Articles 4 and 10-A, with implications for criminal and civil review cases.
Question of law
The legal question
Whether a death convict's in-person review could lawfully be dismissed in chambers without hearing under an administrative Full Court arrangement, whether the resulting order barred a later review, and whether the conviction and death sentence should be maintained.
Holding
What the Court decided
The administrative arrangement could not amend the Supreme Court Rules or override Articles 4 and 10-A. The chamber order made without a right of audience was treated as legally non-existent, so the later petition was entertained as the first valid review. The conviction was maintained, but the unproved motive and circumstantial features made death too harsh.
Result
Outcome and directions
The office objection was overruled and the review was partly allowed. The conviction under section 302(b) PPC was maintained, the death sentence was converted to imprisonment for life, compensation and the default sentence were maintained, and section 382-B Cr.P.C. benefit was extended.
Statutory context
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Precedent record
Authority and later treatment
- Publication
- Approved for reporting; reported citation should be checked when assigned
- Primary source
- Official external judgment source linked
- Later treatment
- No later judicial treatment has yet been editorially verified for this record
Treatment labels are added only after the later judgment has been checked; absence of a label is not a statement that no later authority exists.
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Independent analysis
Read Shahbaz Shah's legal commentary
The Supreme Court held that dismissing a review in chambers without hearing violated Articles 4 and 10-A, with implications for criminal and civil review cases.
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