The Supreme Court on Wednesday turned down the petition of death row convict Shafqat Hussain, seeking formation of a judicial commission to determine his age. A three-judge bench headed by Chief Justice Nasirul Mulk dismissed the plea filed by senior advocate Dr Tariq Hassan observing that age of a convict should be determined by the trial court during adjudication of the matter.
The bench categorically said that once a matter is decided by the apex court it cannot be reopened especially when appeal and review petition was decided in the current case. Appearing before the bench, Dr Tariq Hassan contended that he was not pressing the court over administration of justice in the current case but urging the bench to determine the age of his client under the principle of fundamental rights.
To which the Chief Justice Nasirul Mulk said that appeal and review petition in the current matter was dismissed whereas the President of Pakistan had also rejected mercy petition so court has nothing to do with the matter in hand. A member of the bench, Justice Amir Hani Muslim said while addressing Dr Tariq Hassan that question of age determination of his client should have been raised in trial stage before the trial court which could have finalised the matter.
"Now, in this stage the age determination question cannot be reopened," Justice Hani plainly told the counsel. Dr Tariq Hassan pleaded that Shafqat Hussain had been languishing in jail for a decade, saying that international covenant entitled his client various rights to which Chief Justice Nasirul Mulk said that the matter should be dealt with as per laws in Pakistan.
Subsequently the bench rejected Shafqat Hussain's appeal challenging his death warrant, saying: "Sorry the petition is dismissed". Karachi police arrested Shafqat Hussain during 2004 who was sentenced to death for kidnapping and murder of a 7-year old boy Umair in a Karachi apartment building where Shafqat worked as a security guard.