Appellate court should postpone proceedings when appellant is of unsound mind: LHC

LAHORE: The Lahore High Court (LHC) held that an appellate court should postpone the proceedings on the appeal of a person when he is of unsound mind because proceeding on such appeal denies a person of his right to hearing.

The court observed the same principle applies on the high court when it decides a reference regarding such a person.

The court; therefore, held that the High Court and the appellate court should postpone the hearing of the appeal and/ or the reference when the convict is mentally incapacitated.

However, the court observed that a court may proceed if the case is such that the convict would be acquitted.

The court adjourned an appeal of one Iqbal Ansari who is facing a murder case until he recovers and can present his case.

The court directed the Superintendent, Central Jail Lahore, to take the appellant to the medical superintendent, PIMH, every two months. He shall have him examined by a medical board, which will submit its report to the deputy registrar (Judicial).

The court directed the office to fix this appeal immediately after receiving a favourable report on him.

Iqbal Ansari serving in Wapda as assistant director had shot dead another employee Abdul Jalil in the office.

When the appellant was in judicial lock-up, his relatives applied for the constitution of a medical board, stating that he had lost his mental balance and was unfit to stand trial.

The Anti Terrorism Court [ATC] after receiving a report that the appellate regained found him guilty at the conclusion of the trial and sentenced him to death. The High Court dismissed the appellant’s appeal. The Supreme Court; however, remanded the case because the appellant was mentally incompetent.

In the post-remand proceedings, the ATC framed the charge against the appellant afresh and on the completion of the trial, convicted and sentenced him.

The Appellant has challenged his conviction and sentence before this Court through the instant appeal.

Copyright Business Recorder, 2023