Sarah Belal, Executive Director of Justice Project Pakistan, says Muhammad Iqbal was 17 years old when he was sentenced to death by a trial court.
LAHORE: (Urdu Point/Pakistan Point News-Nov 28th, 2019) An adjournment motion was tabled in the Punjab Assembly calling for a debate on the case of Muhammad Iqbal, a juvenile offender who was sentenced to death and denied a commutation of his sentence under the juvenile justice laws for over 18 years.
According to the details, the motion was tabled by Member of Punjab Assembly and Chairperson Standing Committee on Law Ms. Zainab Umair. The motion draws the attention of the floor towards the case of Muhammad Iqbal, a death row prisoner who was only 17 years old when he was sentenced to death. The motion states that Iqbal was entitled for relief under the Presidential Notification promulgated in 2001 to grant special remission to juveniles sentenced to death prior to the Juvenile System Ordinance of 2000 (now replaced and repealed by Juvenile Justice System Act).
The motion highlights that under the Punjab Government Rules of business, 2011, the matter of commutation of Iqbal’s death sentence falls squarely within the powers of the Home Department and the matter should have never been referred back to the Presidency, as the President had already exercised his constitutional powers under Article 45 to grant the special remission through the Notification. The Law Minister Muhammad Basharat Raja responded to the motion and sought more time to seek details on the matter from the relevant departments.
Muhammad Iqbal’s juvenility has been affirmed at every stage by the courts. Following a court sanctioned ossification test, the trial court, in its judgment, recorded his age as 17 years when the offence was committed. The Trial Court’s determination of Iqbal's age was upheld by the superior courts. In 2003, Iqbal’s name was on the list of juvenile offenders eligible for the special remission issued by the Punjab Government. Last year, under orders from the Lahore High Court, the Home Department conducted an inquiry into Muhammad Iqbal’s case to determine if, he is entitled to the special remission under the Presidential Notification on grounds of being a juvenile offender. The inquiry found Muhammad Iqbal to be a juvenile at the time of the offens
Sarah Belal, executive director of Justice Project Pakistan says “Muhammad Iqbal, a juvenile offender has wrongfully been kept on death row for more than 18 years. It is appalling to see how a child had to spend more than half of his life behind bars under the threat of imminent execution just because of bureaucratic hurdles. Even the family of the victim had forgiven Iqbal several years ago. We welcome the resolution tabled by the Chairperson of the Standing Committee on Law today and hope that this step will finally pave the way for Muhammad Iqbal and other juvenile offenders to benefit from the special remission that they are legally entitled to.”
