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 39

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