Home / Articles / Declaring of accused as unsound mind.

Declaring of accused as unsound mind.

Declaring of accused as unsound mind.

Declaring of accused as unsound mind.
Declaring of accused as unsound mind.

An application was submitted on behalf of the accused, for postponement of trial on lunacy basis and unsound mind of accused.  The application was dismissed by my learned predecessor vide order dated 03.02.2020.  The said order was set aside by Hon’ble Lahore High Court Multan Bench Multan in Criminal.

Declaring of accused as unsound mind.

Revision No.1999 of 2020 titled “Khuda Baksh Vs. The State” vide order dated 07.12.2020 with a direction to decide the application/matter for postponement of the trial of the accused on lunacy basis, in accordance with law, especially after obtaining report/opinion from the medical board concerned  and after hearing the concerned.  The said order was assailed before the Hon’ble Supreme Court of Pakistan and the  Hon’ble Supreme Court of Pakistan was pleased to decline the leave vide order dated 27.05.2021.                 

                   In compliance of the order of Hon’ble Lahore High Court Multan Bench Multan dated 07.12.2020, the accused was referred to Institute of Mental Health, Lahore with a direction to get the accused examined from the Medical Board for determination of his lunacy/unsoundness of the mind and incapability of his making defence or otherwise and to submit his report. 

Declaring of accused as unsound mind.

                   In compliance of orders, a report dated 03.06.2021 was submitted by Board of Certification, Institute of Mental Health, Lahore whereby they found the accused, unable to stand the trial at the moment, declaring the accused to be a patient of high risk who can damage himself or jail staff.  Treatment was also advised with certain prescription.  In view of the dictum laid down by the Hon’ble Supreme Court of Pakistan, in a case reported as “Mst.Safia Banu Versus home Department Govt. Of Punjab through its Secretary and others” (PLD 2021 SC 488).  The Head of Board of Certification, Dr.Muhammad Haroon Jahangir Khan, Director General Health Services, Punjab Lahore/Chairman Board and Dr.Regina Mehmood, Chief Consultant Psychiatrist Unit-C, Punjab Institute of Mental Health, Lahore/Member board were examined by this court as CW-1 and CW-2. Dr.Regina Mehmood (CW-2) deposed that the under trial prisoner was found to have been suffering from (paranoid schizophrenia).  He was found unfit to stand trial at the moment and there was high risk of damage to himself or jail staff.  Dr.Regina Mehmood also deposed that patient got delusion that all the people were against him and he had been designated the task of killing the evil members of the society and that he thought that his wife and mother-in-law were magicians, and that is why he had killed them.  Both the parties were given opportunity to cross-examine the witnesses, examined by the Court as Court witnesses.  Keeping in view the opinion of the board of certification and the statement of the Consultant Psychiatrist Dr.Regina Mehmood, Member Board of Certification, Institute of Mental Health, Lahore considering the material available on the surface of the file, I am of the opinion that the accused Muhammad Younis is incapable to understand proceedings of the trial and to make his defence, due to mental illness.  Hence, I proceed to postpone the further proceedings in this case, till recovery of the accused.  Superintendent, jail concerned is directed to provide all the necessary treatment, to the lunatic accused and also to get him examined, from the Institute of Mental Health, Lahore, from time to time.  File of this case, also be consigned to the record room, from where the same may be requisitioned after recovery of the accused or on application of either party, as the case may be.  File be consigned to the record room after its due completion.

About admin

Leave a Reply

Your email address will not be published.