also communicate the case to the Registrar of the Supreme Court
and shall request him to confirm that an appeal has actually been
filed on behalf of the prisoner. If appeal has been filed through the
prison, the Superintendent shall inform the Provincial Government
of this fact.
Petition for mercy from or on behalf of condemned prisoner.
Rule104. (i) Immediately on receipt of intimation of the.
dismissal by the Supreme Court of his appeal or application for
special leave to appeal or of the breaking down of his application
for special leave to appeal, in case the condemned prisoner has
made no previous petitions for mercy, the Superintendent shall
inform the condemned prisoner concerned that if he desires to
submit a petition for mercy it should be submitted in writing
within seven days of the date of such intimation.
(ii) If a condemned prisoner submits a petition within the period of
seven days prescribed by Sub-Rule (i) the Superintendent of the
prison shall forthwith dispatch it to the Home Secretary to the
Provincial Government, together with a covering letter reporting;
the date fixed for the execution by the Sessions Judge, and shall
certify that the execution has been stayed pending the receipt of the
orders of the Provincial Government on the petition. If no reply is
received within thirty days from the date of the dispatch of the
petition, the Superintendent shall remind the Home Secretary to the
Provincial Government, drawing attention to the fact, but he shall in
no case carry out the execution before the receipt of the Provincial
Government's reply. If after consideration the Provincial
Government rejects the petition, it shall be forwarded to the
Secretary to the Government of Pakistan, Ministry of Interior,
Interior Division. In case, however, the .Provincial Government
decides to commute the sentence, the petition to the President shall
be with-held and intimation of this fact shall be sent to the
petitioner and to the Superintendent of the prison where the
prisoner is confined.
(iii) If the condemned prisoner submits a petition after the
period prescribed by Sub-Rule (i) above the Superintendent of the
prison shall at once forward it to the Provincial Government stating
that pending a reply the sentence will not be carried out. If such
petition is, however, received by the Superintendent till evening on
the day preceding that fixed for the execution, he shall at once
forward it to the Provincial Government and at the same time
telegraph the substance of it. giving the date of execution and
stating that the sentence will not be carried out pending the receipt
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