The Supreme Court on Friday turned down a review petition of the Customs Department for not allowing an Afghan national for going back to his country. A three-judge bench, headed by Chief Justice Asif Saeed Khan Khosa, heard the review petition of the Customs Department. The trial court has allowed Afghan national Muhammad Agha to go back to his country. The high court and even the Supreme Court upheld the trial court's decision.
The customs lawyer said the authorities arrested Muhammad Agha at the Torkham Border when he was going back to Afghanistan as he was carrying Rs 1,101,000. The Chief Justice said government gives money to those Afghans who return to their country. The lawyer said Muhammad Agha had constructed house in Pakistan and was living there but when he decided to go back to Afghanistan, he sold his house and took the money with him.
The Chief Justice inquired whether Muhammad Agha is still in Pakistan or has left the country. The lawyer told he is still in Pakistan. The Chief Justice said, "The government requests Afghans to go back to their country. Muhammad Agha wants to go back but you stopped him." The Customs counsel informed the bench that according to the State Bank of Pakistan, an Afghan can take back only Rs 3,000. The Chief Justice asked the lawyer, "But you have arrested him. The High Court and the Supreme Court allowed Muhammad Agha to go back, but the Customs again stopped him from going back."
Meanwhile, the same bench rejected the death sentence awarded to a man, who murdered his sister and brother, by a trial court in 2007. The convict, Karim Nawaz, was found guilty of murdering his sister, brother and a sister-in-law in Mianwali. A trial court had convicted Nawaz to death on three counts of murder and one count of terrorism.
The convict had later reconciled with his family. Subsequently, the three convictions for murder were dropped by the trial court but the conviction for terrorism had been upheld. The Lahore High Court and the apex court upheld the death sentence awarded on the basis of terrorism. The additional prosecutor general argued against converting the sentence. He contended that the convict had murdered three people and is now asking for relief. The Chief Justice said it appears that Nawaz committed the crime in a fit of temporary rage. After hearing the arguments, the bench converted the death sentence into life imprisonment.
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