SC commutes death sentence of juvenile offender imprisoned for 28 years

LAHORE: The Supreme Court of Pakistan has commuted the death sentence of Muhammad Anwar, a severely physically ill juvenile offender, after hearing arguments in a petition filed by Justice Project Pakistan (JPP).

A three-member bench of the apex court comprising Justice Manzoor Ahmed Malik, Justice Mansoor Ali Shah, and Justice Amin ud Din Khan relied on the ossification test conducted under the orders of the Home Department Punjab on March 21, 2002 to commute the death sentence. Anwar’s birth registration records and computerised national identity card confirm his age to be below 18.

The order reads: “It is declared that convict Muhammad Anwar was a juvenile at the time of commission of offence within the meaning of section 7 of the Juvenile Justice System Ordinance, 2000 and is entitled to the benefit of Presidential Order dated 13.12.2001.”

While hearing the petition the bench has repeatedly emphasized on taking every precaution to save a man’s life. ASC Anwaar Hussain represented Anwar before the court.

Muhammad Anwar was arrested when he was only 17 years old with his brothers in 1993. They were arrested when one of three injured men succumbed to his injuries after almost a month of a fight that erupted when 10 people arrived at Anwar’s house in the aftermath of an argument at a village panchayat. While all the other accused were acquitted, Anwar was convicted and handed the death penalty despite being a juvenile.

Anwar has served over 28 years in prison, far longer than what he would have if his sentence had been commuted to life imprisonment in 2002 when the issue of his age was first raised with the authorities. During this time, Anwar has faced multiple death warrants only to be stayed at the very last day by courts following JPP’s intervention. He has lived through extreme prison conditions that have damaged his health permanently. He has developed severe heart problems, which were first diagnosed in 2009. Since then, he has suffered three heart attacks which have left him partially paralyzed.

“I have spent my childhood seeing my uncle behind bars. I still remember going to meet him in prison every other Thursday and throughout our short meetings he used to try to console everyone saying that everything will be fine. I thank the judges for blessing my uncle with a new life,” says Anwar’s nephew Aijaz Ghani.

Barrister Sarah Belal, executive director of Justice Project Pakistan, adds: Pakistan has steadily been taking steps to ensure the fulfilment of its obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC). Last year, the Lahore High Court commuted the death sentence of  Muhammad Iqbal, another juvenile offender, who wrongfully spent over 20 years on death row. This, however, begs the question why children are being sentenced to death anyway when all local and international laws expressly prohibit it. We must follow the age determination protocols highlighted in the Juvenile Justice System Act (JJSA) to ensure that all children are accorded the protection they are entitled to.