MUHAMMAD IQBAL |
Juvenile offender facing imminent execution
TIMELINE
Muhammad Iqbal, along with 4 other co-accused, was tried for murder
and robbery offences by an Anti-Terrorism Court in 1999. The primary
evidence connecting Iqbal to the offence was being identified in an
identification parade that was held 2 months after the alleged incident.
Iqbal was kept in unlawful custody by the police for over a month
before he was formally arrested.
10 JUL 1998
The murder and robbery
are committed
An ossification test, conducted on the request of the prosecution,
determined Iqbal’s age as 17 at the time of committing the offence. His
juvenility was also confirmed through a school-leaving certificate
produced before the trial court. However, despite the trial’s court
acknowledgment of his juvenility, Muhammad Iqbal was convicted of
murder and sentenced to death.
Following Iqbal’s death sentence, the Government of Pakistan enacted
the Juvenile Justice System Ordinance, 2000 which prohibited the
death penalty for all juvenile offenders. A Presidential Notification
granted all juveniles, like Iqbal, who had been sentenced to death prior
to the JJSO automatic remission of their sentences on the basis of an
age determination inquiry. Iqbal’s name was included by the Government of Punjab in a letter to the Registrar as a juvenile entitled to benefit
of the Notification but no inquiry was held.
Iqbal's death sentence was upheld by the High Court in 20 March, 2002
and on 11 September, 2002 the Supreme Court denied his leave to
appeal. A request for the issuance of an execution warrant was sent by
the Government of Punjab to the ATC, Gujranwala in June, 2017.
Following a complaint filed by Iqbal’s lawyer, the National Commission
on Human Rights (NCHR), Pakistan’s National Human Rights Institution,
took notice of the matter. Through its order dated 3 July, 2017, the
NCHR observed that Iqbal had been unlawfully denied his right to an
age determination under the Presidential Notification dated 2001 and
directed the Home Department, Government of Punjab to initiate an
inquiry into Iqbal’s age and to restrain the ATC from the issuance of an
execution warrant until the conclusion of such inquiry.
Even though the Government of Punjab withdrew its request for the
issuance of a warrant, no age determination inquiry has taken place and,
despite being a juvenile, Iqbal remains on death row. e Supreme Court
subsequently accepted his appeal and converted his death sentence to
seven years.
05 OCT 1999
Iqbal is convicted of
murder and sentenced
to death by Anti-Terrorism Court
20 MAR 2002
The High Court uphold
his death sentence
11 SEP 2002
The Supreme Court
confirm his death
sentence
16 JULY 2005
ATC Gujranwala dismiss
application for acquittal
on the grounds of
compromise as the
offences are non-compoundable
16 MAR 2016
Mercy petition rejected
by the President
26 MAR 2016
Black warrant issued
with execution date set
for 30th March 2016
28 MAR 2016
Review petition filed on
the basis of compromise,
juvenility and double
punishment. Dismissed.
PRESENT DAY
Iqbal continues to be
on death row and his
warrant can be issued
any day