CJP questions why life sentence corresponds to maximum imprisonment of 25 years

Observer Report

Islamabad

The Chief Justice of Pakistan Asif Saeed Khosa on Wednesday questioned why life sentence corresponded to the maximum imprisonment of 25 years.
A seven-judge bench of the Supreme Court led by the CJP resumed hearing of the case to determine the span of life imprisonment. The CJP said that it was matter of principles which will affect thousands of cases.
“How life imprisonment can be fixed for 25 years in prison when the Pakistan Penal Code is silent on the matter?” the CJP questioned. Pakistan Bar Council members Ahsan Bhoon and Azam Tarar appeared before the bench and stated that the bar wants to become a party to the case. However, the matter has been postponed as the petitioner requested to file a fresh plea in the case. Earlier in July, a three-judge bench, led by CJP, questioned whether life imprisonment meant imprisonment of a convict for his remaining biological life or anything shorter than that – and if so, whether different sentences of imprisonment for life passed in the same case or different cases were to run concurrently or consecutively.
“The question has appeared to us to be a question of immense public importance affecting a larger number of cases in the country,” said CJP Khosa.
Currently, the sentence of life imprisonment corresponds to a maximum imprisonment of 25 years, and a minimum of 15 years (per Rule 140 of the Pakistan Prison Rules 1978); after earning remissions as may be extended by the executive functionaries from time-to-time but subject to Section 401 CrPC, Rule 216 and Rule 218 of the Pakistan Prison Rules, 1978.
The jail manual also provides for at least a 14-year substantive period for those sentenced to life imprisonment. Section 57 of the Criminal Procedure Code stipulates that life imprisonment will be 25 years.
The CJP had hinted at interpreting the ambiguity of the life sentence while hearing review appeal of a death row convict, Abdul Qayyum. During the hearing, Justice Khosa had remarked that the current interpretation of life imprisonment law was flawed.