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Besides the fanfare planned for the opening of the new judicial year here from tomorrow (Monday), the main attraction of the Supreme Court reopening will be a five-member Constitutional Bench to determine some important issues related to imprisonment of convicts.
The bench, headed by Chief Justice Iftikhar Muhammad Chaudhary, includes Justice Rana Baghwandas, Justice Faqir Muhammad Khokhar, Justice M. Javed Buttar and Justice Saiyed Saeed Ashhad.
The main issue being raised through nearly 36 appeals is whether a convict, who serves out his life imprisonment, can be slapped with a petition demanding enhancement of his sentence.
There are a number of such petitions pending before the nation's last court of appeals, which a convict has either served out his sentence or has served more than half of it.
The other question has been raised in some of the petitions is the interpretation of the term "life sentence" that depending on the life expectancy of yesteryears was considered to span 25 years of with day and night standing for one day. This reduced the serving period to half of which the remissions earned because of holidays or good conduct benefited a convicted by a few years.
Such appeals have been pending hearings for quite a period of time and in the present bunch listed on the cause list and the oldest is of 1995.
The ceremonial opening of the new judicial year has been slated for the first part of day after which the Court will adjourn for a reception arranged by the Chief Justice. It will then return in benches to hear the cases for the remaining half day.
Similarly, the judges will only be able to work for half a day on Tuesday because of the farewell reference for Justice Hamid Ali Mirza, who will be retiring after 10 years of association with the superior judiciary.
Attorney General Makhdoom Ali Khan will lead the reference.

Copyright Business Recorder, 2005

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